IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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V^ 


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I.I 


1.25 


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2.5 
2.2 


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11 1.8 


U    1 1.6 


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niUlUgi  UiJi  iiLi 

Sciences 
Corporation 


23  WeST  MAIN  STRUT 

WEBSTER,  N.Y.  MSBO 

(7)6)  872-4503 


&? 


Q- 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /Institut  canadien  de  mlcroreproductions  historiques 


O 


Technical  and  Bibliographic  Notes/Notes  tecnniques  et  bibliographiquss 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


L'Institut  a  microfilme  le  meilleur  evemplaire 
qu'il  lui  a  eti  possible  de  se  procui'er.  Les  details 
de  cet  exemplaire  qui  sont  peut-^tre  uniques  du 
point  de  vue  bibliographique,  qui  pauvent  modlfiep 
une  image  reproduite.  ou  qui  peuvent  exiger  une 
modification  dans  la  m^thode  normaie  de  filmage 
sont  indiqu^s  ci-dessuus. 


D 


D 


Coloured  covers/ 
Couverture  de  couleur 


[~~|    Covers  damaged/ 


Couverture  endommag(§a 


Covers  restored  and/of  laminated/ 
Couverture  restaur^o  et/ou  pellicul^e 


□    Coloured  pages/ 
Pages  de  couleur 

I      I    Pages  damaged/ 


n 


Pag'is  endommagees 


Pages  restored  and/or  laminated/ 
Pages  restaurees  et/ou  pelliculees 


r    I    Cover  title  missing/ 


Le  titre  de  couverture  manque 


□    Coloured  maps/ 
Cartes  g^ographiques  en  couleur 


D 
D 
D 

n 

n 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  da  couleur  (i.e.  autre  que  bleue  ou  noire) 


Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 


Bcur.ii  with  other  material/ 
Reliii  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

Lareliura  serrde  paut  causer  da  I'ombre  ou  de  la 
distorsion  le  lonq  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  sa  peut  que  certainea  pagea  blanches  ajoutiaa 
lors  d'une  restauration  apparaissant  dans  le  texte, 
mais,  lorsque  cela  Atait  possible,  cms  pages  n'ont 
pas  M  filmAes. 


I    ~L^Pages  discoloured,  stained  or  foxed/ 
L_]    Pages  decolorees,  tachet6es  ou  piquees 

□Pages  detached/ 
Pages  d^tachees 

r3>^owthrough/ 
I 1    Transparence 

□    Quality  of  print  varies/ 
Qualit^  in<^gale  de  I'lmpression 

□    Includes  supplementary  material/ 
Comprend  du  materiel  supplemantaira 

□    Only  edition  available/ 
Seule  Edition  disponible 


D 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc..  have  been  refilmed  to 
6.tsure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata.  une  pelura, 
etc.,  ont  it6  fiim^es  ^  nouveau  de  facon  a 
obtenir  la  meilleure  image  possible. 


D 


Additional  comments:/ 
Commentaires  supplimentaires: 


ThiH  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film^  au  taux  de  reduction  indiquA  ci-desaout. 

10X  14X  18X  22X 


26X 


30X 


y 


12X 


16X 


20X 


24X 


28X 


32X 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Metropolitan  Toronto  Library 
Canadian  History  Department 


L'exemplaire  filmd  fut  reproduit  grSce  d  la 
g6n6rosit6  de: 

Metropolitan  Toronto  Library 
Canadian  History  Department 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetd  de  l'exemplaire  filmd,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impre«< 
sion,  or  the  back  cover  when  appropriate.  AH 
other  original  copies  are  filmed  beginning  on  the 
first  paoe  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


Les  exemplaires  originaux  dont  la  couverture  en 
pepier  est  imprimis  sont  film6s  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  emprei^'te 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commenpant  par  la 
premiere  page  qui  comporte  une  e.^ipreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  •—^-  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivants  apparattra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ►  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  tht 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
film6s  d  des  taux  de  reduction  diff^rents. 
Lorsque  le  document  eftt  trop  grand  pour  dtre 
reproduit  en  un  seul  clichd,  il  est  film^  A  partir 
de  Tangle  sup6rieur  gauche,  de  gauche  h  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'imsges  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  m6thode. 


12  3 


1 

2 

3 

'      4 

S 

6 

PUBLIC  DOCUMENTS, 


OT    THE 


LEGISL.iTVRE  t)F  JMSSdCIWSETT.^; 


CON  TAINI  N'G     TliS 


SPEECH 

OF  HIS  EXCELLENCY  GOVERNOR  STRONG ; 

WITH    THE 

ANSWER  OF  THE  SENATE  AND  HOLoEOF 
REPRESENTATIVES; 

REPORTS 

OF  Tim  SEVERAL  COMMITTEES  OF  BOTH  DRANCIiliS, 

ON    THK 
MOST  IMPOllTANT  SUBJECTS  REFEIIHED  TO  BY  HI« 

EXCELLENCY; 


AND 

/       ■ 

A  REMONSTRANCE 

or  THE  LEGISLATURE  TO  C0N(.;RESS, 
»*t  ON  nil': 

,  PRESENT  UNHAPPY  WAli. 

rubll\hi'(l  by  order  of   both  Jlontet^ 


nosTON; 

I'niXlT.D   BY    HUSSEI.I.   AM)   CUl'T.VH. 


IMI 


•»• 


^1^ 

3(^ 


COMiVJO.VWF.AI.TH  OF  MASSACHUSETTS. 


In  Senate,  June  IS,  1813. 


Jiesolifed,  'i'iiui  Lwo  ihoiuuuid  L(jplos  Ik;  printed  of  the 
Speech  of  Ilib  Excellency  the  Governor,  Xlw  Answer  of  the  Sen- 
ate and  House  of  Representatives  ;  Memorial  of  the  Legislature 
to  Con{;ress ;  the  Eeport  <  ^  the  Committee  relating  to  the  intio- 
iluction  of  New  States,  beyond  the  original  territory  of  the  United 
States;  the  Report  of  the  Committee  relative  to  the  defence  of 
the  s'.a  coast;  and  the  lleport  of  the  Committee  relating  to  the 
refusal  of  the  President  to  distribute  the  proportion  of  arms  be- 
longing to  this  Commonwealth  ;  and  the  Clerks  of  the  Senate  and 
House  of  Representatives,  are  hereby  directed  to  transmit  one 
copy  of  each  to  the  Governor,  Lieutenant  Oovcj'nor,  and  each 
member  of  the  Council,  and  each  member  of  the  Senate  and  House 
of  Representatives  of  this  Commonwealth,  and  to  each  member  of 
the  Senate  and  House  of  Representatives  from  this  Common- 
wcaltli,  in  the  Congress  of  the  United  States,  and  to  the  Selectmen 
of  each  town,  and  tl  Assessors  of  each  unincorporated  plantation 
in  ib.is  Commonweauh. 

Sent  down  for  concurrence, 

JOHN  PHILLIPS,  J'residettt.  ^ 

In  tl:c  Honsi-  of  Representatives,  June  16,  18!3, 

licad  aiid  cutirurrcd, 

riMc;  1  ny  innr.Low,  6yttfa*er. 


?s 

. 

--        ■                                                         •  ■ 

1                  ' 

TS. 

SPEECH. 

fe-"                                 .            ■ 

1813. 

"^  -'                              •  - 

• 

nc'd  of  the 

>f  the  S(M> 

0  the  inti  o- 
thc  United 
defence  of 
uing  to  the, 
f  arms  be- 
Senate  and 
•ansmit  one 
,  and  each 
and  House 
nieniber  of 
i  Common - 
i  Selectmen 
;l  plantation 


^resident. 
13, 

S/teaker, 


Gentlemen  of  the  House  of  Represenfal'ves, 

Ihe  situation  in  which  I  am  again  placed  imposes  a 
duty  upon  me,  by  every  exertion  in  my  power,  to  pro- 
mote the  interest  and  safety  of  my  fellow- citizens  ; 
their  approbation  of  rny  conduct  the  last  year,  is  pe- 
culiarly grateful,  as  it  leads  me  to  hope  that  my  ser- 
vices in  the  year  to  come  will  be  considered  with  the 
same  indulgence  :  without  it,  I  feel  my  incompetence 
at  this  difficult  season,  to  discharge,  in  a  satisfactory 
manner,  the  duties  of  the  office  which  I  have  luider- 
taken. 

In  pursuance  of  the  authority  given  by  the  Resolve 
passed  at  the  last  Session  of  the  General  Court,  em- 
powering the  Governor,  with  advice  of  Council,  to 
adopt  certain  defensive  measures  for  the  protection  of 
the  towns  and  harbors  in  the  Commonwealth,  three 
judicious  persons,  skilled  in  military  affiiirs,  were  com- 
missioned to  carry  into  efl^ct  the  intentions  of  the 
Legislature,  expressed  in  the  Resolve.  The  Secretar)- 
will  deliver  you  a  report  of  their  proceeding*  under 
that  commission. 

By  a  law  of  the  United  States,  passed  in  April,  1808, 
the  annual  sum  of  two  hundred  thousand  dollars  was 
appropriated  for  the  purpose  of  providing  arms  for  tlir 
militia  of  the  United  States,  ro  be  transmitted  to  the 


several  States,  in  proportion  to  tlic  number  of  tlie 
eftective  militia  in  each  State,  and  to  be  distributed 
under  such  regulations  as  should  be  prescribed  by  the 
State  Legislatures.  In  compliance  with  the  request 
ot  the  late  General  Court,  in  their  Resolve  abovcmen- 
tioned,  I  applied  to  the  Executive  of  the  United  States, 
and  requested  such  supply  of  muskets  as  might  be 
conveniendy  furnished,  and  as  might  be  considered  the 
proportion  to  which  this  Commonwealth  was  entitled. 
A  copy  of  the  answer  to  this  application,  which  I  have 
received  trom  the  Secretary  of  War,  will  also  be  laid 
before  you.        v 

As  we  are  engaged  in  War  with  a  nation  of  great 
maritime  strength,  your  attention  will  be  directed  in  a 
particular  manner  to  those  parts  of  our  extensive  sea- 
coast,  where  the  people  are  most  exposed  to  depreda- 
tions;  and  being  deprived  of  their  usual  means  of 
support,  have  already  suffered  severely,  and  are  in 
clanger  of  still  greater  evils.  I  have  no  doubt  you  will 
be  disposed  to  afford  them  every  assistance  they  may 
stand  in  need  of,  within  the  power  of  the  State  Govern- 
ment. It  belongs  to  the  National  Government  to  pro- 
tect each  of  ihe^ States  in  the  Union,  and  provide  for 
the  common  delence  ;  Init  if  an  invasion  should  be 
made  or  attempted  on  any  juirt  of  our  coast,  I  am  con- 
fident tj.it  our  militia  would  promptly,  and  with  cheer- 
fulness, exert  their  utmost  endeavours  to  repel  it. 

We  are  bound  to  obey  the  laws  made  in  conformit} 
with  our  Constitutions  ;  but  those  Constitutions  ensure 
to  us  the  freedom  of  speech  ;  and  at  this  momentous 
period  it  is  our  right  and  duty  to  inquire  into  the 
grounds  and  origin  of  the  present  war;  to  reflect  on 
the  state  of  public  affairs,  and  express  our  sentiments 
concerning  them  with  decency  and  frankness  ;  and  to 
endeavor,  as  far  as  our  limited  influence  extends,  to 
pronjote,  by  temperate  and  constitutional  means,  an 
honorable  reconciliation.     By  an  unnc»ccssary  war,  the 


?r  of  tlie- 
stributed 
L'd  by  the 
e  request 
)ovcmen- 
ed  States, 
might  be 
idered  the 
i  entitled, 
ch  I  have 
io  be  laid 


1  of  great 
ected  in  a 
nsive  sea- 
»  depreda- 
means  of 
nd  are  in 
it  you  will 
they  may 
e  Govcrn- 
nt  to  pro- 
rovide  for 
should  be 
I  am  con- 
/ith  cheer- 
oel  it. 

;onformity 
ons  ensure 
lomentous 
z  into  the 
reflect  on 
sentiments 
is  ;  and  to 
xtends,  to 
means,  an 
■V  war,  tlio 


&  • 

deepest  guilt  is  Incurred  ;  and  therefore  every  belli- 
gerent nation  should  inquire  whicii  of  the  contending 
parties  is  chargeable  with  this  guilt. 

When  war  was  declared  against  Great  Britain,  our 
complaints  were  chiefly  founded  upon  her  Orders  in 
Council;  and  though  they  were  revoked  within  four 
days  after  the  declaration  was  published,  it  will  be 
Useful  to  attend  to  them  when  we  are  considerinc:  the 
necessity  of  that  measure.  In  November,  1806,  the 
French  Emperor  issued  his  BerHn  Decree,  declaring 
the  British  islands  in  a  state  of  blockade,  and  forbid - 
ing  any  commerce  or  correspondence  with  them. — 
To  this  succeeded  the  British  Orders  in  C  )uncil,  asd 
other  French  Decrees,  some  of  which  were  of  a  still 
more  exceptionable  character. 

Although  the  Decrees  of  Berlin  and  Milan,  and  the 
Orders  in  Council,  were  injurious  to  neutral  rights,  it 
would  be  uncandid  to  suppose  that  the  direct  obj^xt 
of  either  nat'on  was  to  injure  the  commerce  of  neutrals. 
The  French  Decrees  might  be  thought  necessary  by 
that  government  to  effect  the  subjugation  of  Great 
Britain ;  and  the  Orders  in  Council  were  declared  br 
the  latter  to  be  retaliatory  measures,  adopted  in  eon- 
sequence  of  the  aggressions  of  her  enemy,  and  to  be 
revoked  when  those  aggressions  ceased.  In  their  ar- 
duous struggles  they  seem  to  have  thought  only  of 
themselves ;  and  while  those  struggles  continued,  we 
must  have  known  that  our  commercial  intercourse 
with  them  would  be  exposed  to  numerous  embiurass- 
ments ;  but  we  were  consoled  with  the  reflection  that 
these  would  be  counterbalanced  by  the  advantages  we 
derived  from  the  war  in  Europe.  Indeed  it  is  probable 
if  our  Government  had  maintained  a  system  of  impar- 
tial neutrality,  and  had  imposed  no  restrictions  on 
trade,  that  notwithstanding  those  Decrees  and  Orders, 
we  might,  by  reason  of  our  neutral  character,  have  en- 
joyed a  f:ommerce  more   Incrafivc  i'or  tiie   last  seven 


0 


years,  than  would  have  fallen  to  our  share  had  Uie 
whole  world  been  at  peaec. 

In  May,  1810,  the  Congress  directed  that  the  Non- 
Intercourse  Act  should  cease  as  to  that  belligerent 
which  should  first  so  revoke  its  edicts  as  that  they 
should  cease  to  violate  our  neutral  commerce,  and  that 
it  should  operate  on  the  other  which  should  neglect  so 
to  do  withiti  thrt^e  months  afteir  the  President's  Pro- 
clamation, declaring  the  fact  that  such  revocation  had 
taken  place.  On  the  10.  h  of  August  following,  the 
Duke  of  Cadore  in  a  letter  to  our  minister  in  France, 
stated  that  the  Berlin  and  Milan  Decrees  were  revoked, 
and  that  after  the  first  of  November  then  next,  they 
would  cease  to  have  effect ;  it  being  understood  that 
the  English  should  revoke  their  Orders  in  Council,  and 
renounce  their  new  principles  of  blockade  ;  or  that  the 
United  States  should  cause  their  rights  to  be  re- 
spected. This  letter  was  considered  by  the  Presidciit 
as  an  absolute  repeal  of  the  French  Decrees,  though  it 
appeared  to  many  persons  at  that  time  to  have  been 
only  a  provisional  repeal,  upon  conditions  that  might 
never  happen,  and  was  not  confirmed  by  any  instsu- 
ment  of  which  the  courts  or  people  of  France  were 
obliged  to  take  notice.  The  President,  however,  on 
the  '2d  of  November,  1810,  announced  by  Proclama- 
tion  that  the  Decrees  of  Berlin  and  Milan  were  revok- 
ed ;  and  in  March  following,  the  Congress  passed  a 
law  confirming  that  Proclamation,  and  the  revival  of 
the  Non-Intercourse  against  Great  Britain. 

When  our  Government  was  thus  committed,  it  was 
the  policy  of  the  French  Emperor  to  convince  the 
British  nation  that  his  decrees  were  not  revoked,  and 
he  took  effectual  measures  for  that  purpos>e.  His  pub- 
lic ships  by  his  authority  and  under  his  instructions 
committed  depredations  on  our  commerce  and  burnt 
our  vessels  ;  the  French  cruisers  and  privateers  cap- 
tured them  and  thcv  were  condemned  in  the  French 


had  the 


the  Non- 

ellinjerent 
that  they 
,  and  that 
leglect  so 
nt's  Pro- 
ation  held 
wing,  the 
I  France, 
revoked, 
lext,  they 
,tood  that 
jncil,  and 
ir  that  the 
0  be  re- 
President 
though  it 
lave  been 
lat  might 
ly  instBU- 
nce  were 


vever,  on 
Voclama- 
re  revok- 
passed  a 
revival  of 


^d,  it  was 
^ince  the 
>ked,  and 
His  pub- 
tructions 
ind  burnt 
eers  cap- 
c  French 


Courts  ;  nor  has  France  made  the  least  reparation  for 
the  pkuidtT.  On  the  31st  of  March,  18II,  the  Em- 
peror declared  to  his  Council  of  Commerce  that  the 
decrees  of  Berlin  and  Milan  were  the  fundamental 
laws  of  his  Empire, — Many  other  declarations  of  this 
kind  were  made  by  the  French  Government,  and  though 
our  ministers  remonstrated  against  them  as  contain, 
ing  no  exception  in  favour  of  the  United  States,  and 
requested  some  authentic  act  of  the  French  Govern- 
ment to  justify  our  national  measures,  no  satisfaction 
could  be  obtained.  If  the  President  had  then  revoked 
his  Proclamation,  the  numerous  evils  that  have  fol- 
lowed from  that  unfortunate  measure  might  have  been 
prevented.  But  as  if  the  French  Emperor  was  deter- 
mined to  put  our  Governrsient  in  the  wrong,  the  Duke 
of  Bassano,  in  May,  1812,  when  it  might  be  presumed 
that  war  between  this  country  and  England  would 
take  place,  produced  to  Mr.  Barlow  a  decree  w»^'cb 
bore  date  the  28th  of  April,  1811,  repealing 
crees  of  Berlin  and  Milan,  and  assigning  as  th 
of  the  repeal,  the  Act  of  Congress  of  March, 
To  suppose,  therefore,  that  the  French  decrees 
repealed  on  the  2d  of  November,  1810,  involves  the 
absurdity  that  the  effect  took  placv;  long  before  the 
cause. 

At  the  same  time  that  the  above  decree  was  pro- 
duced by  the  French  Minister,  he  informed  Mr.  Bar- 
low that  the  decree  had  not  been  published ;  but 
declared  it  had  been  communicated  to  our  former 
Minister  in  France,  and  likewise  sent  to  the  French 
Minister  here,  with  orders  to  communicate  it  to  Mr. 
Monroe.  On  the  correctness  of  this  statement  it  mav 
be  improper  to  form  an  opinion  until  our  Governme.c 
explain  the  transaction.  But  of  this  we  may  be  cer- 
tain,  that  if  that  decree  was  made  in  April,  1811,  ac- 
cording to  its  date,  it  was  concealed  for  the  purpose  of 
producing  a  war  between  this  country  and  Great  Brit- 
ain ;  for  the  party  who  concealed   it'  n'cl!  knew,  thnt 


I 


11  that  decree  was  known  in  England,  the  Orders  in 
Council  would  be  revoked.  If  the  decree  bore  u  false 
date,  and  had  not  been  communicated  to  our  Ministers, 
no  man,  either  in  the  Administrati'^n  or  among  the 
people,  can  hereafter  doubt  concerning  the  character 
of  the  French  Government,  or  the  impositions  prac- 
tised upon  us. 

The  principal  remaining  alleged  cause  of  hostility  is 
the  impressment  of  seaiix-n  from  our  merchant  vessels. 

The  war  in  Europe  opened  to  these  States  suc!i  an 
extensive  field  for  commercial  enterprize,  that  it  might 
have  been  difficult  to  procure  immediately  such  num- 
bers of  American  seamen  as  could  profitably  be  em- 
ployed. Our  wealth  and  navigation  increased  v/ith  a 
rapidity  which  has  never  been  exceeded  ;  many  thous- 
ands, therefore,  of  British  seamen  deserted  that  service 
for  a  more  safe  and  lucrative  employment  in  ours  ;  and 
greater  numbers  might  have  resorted  to  us,  if  they  had 
not  beeii  apprehensive,  that  the  British  navy  would  re- 
claim them.  But  if  there  had  been  no  competitors 
from  abroad,  as  men  will  always  employ  their  industry 
in  the  manner  they  find  the  most  advantageous,  the 
high  price  for  that  species  of  labour  would  soon  have 
induced  a  sufficient  number  of  Americans  to  become 
seamen  ;  in  that  case,  the  danger  of  impressment  by 
British  ships  would  have  been  prevented.  It  appears, 
therefore,  that  British  seamen  have  been  patronized  at 
the  expense  of  our  own  ;  a  1  should  Great-Britain  how 
consent  to  reliriquish  the  right  of  taking  her  own  sub- 
jects, it  would  be  of  no  advantage  to  our  native  sea- 
men ;  it  would  only  tend  to  reduce  their  wages  by  in- 
creasing the  number  of  that  class  pf  men. 

The  British  Government  has  never  claimed  a  right 
to  take  our  native  Ameiican  seamen  ;  had  such  claim 
been  made,  we  all  should  have  uruted  to  resist  it. 
Great-Britain  only  claims  the  right  of  taking  her  own 


le  Orders  in 
,'  bore  a  false 
jr  Ministers, 
•  among  the 
the  character 
isitions  prac- 


3f  hostility  is 
hant  vessels. 

ates  sucli  an 
that  it  mii^ht 
V"  such  num- 
tably  be  em- 
eased  with  a 
many  thous- 
l  that  service 
in  ours  ;  and 
},  if  tliey  had 
vy  w^ould  re- 
competitors 
heir  industry 
itageous,  the 
Id  soon  have 
IS  to  become 
)ressment  by 
It  appears, 
patronized  at 
-Britain  how 
ler  own  sub- 
r  native  sea- 
wages  by  in- 


limed  a  right 
:1  such  claim 
to  resist  it. 
Ling  iier  own 


'subjects  from  neutral  merchant  vessels.  In  doinjjthis., 
IVoni  a  similarity  in  kuiguagc,  our  citizens  have  some- 
times been  subjected  to  impressment;  but  so  tar  as  I 
have  heard,  they  have  been  discharged  when  apphca- 
tion  was  made  in  their  behalf,  and  evidence  furnished 
of  their  citizenship.  In  some  instances,  there  meiy  have 
been  a  wanton  exercise  of  power  by  the  impressing 
officers;  but  it  is  impossible  for  the  best  regulated 
State  wholly  to  control  the,  actions  of  its  subjects,  or 
restrain  ai  its  military  and  naval  oflicers  in  their  distanC 
operations,  from  insolence  and  oppiession  ;  it  is,  there- 
fore, a  rule  of  national  law,  that  the  laults  of  individu- 
als shall  noL  be  imputed  to  the  nation,  unless  they  are 
approved  and  ratified  by  the  government. 

Some  abuses  must  undoubtedly  happen  from  the 
difficL'lty  of  distinguishing  Americans  from  ^ilnglish- 
men.  But  it  appears  from  the  examinations  already 
made,  that  these  abuses  have  been  greatly  exaggerated, 
and  that  only  a  small  number  of  native  Americans  arc 
in  the  British  service,  who  have  not  voluntarily  engag- 
ed ;  and  of  these  the  British  minister,  before  the  war, 
requested  our  government  to  furnish  a  list,  that  meas- 
ures might  be  taken  for  their  discharge.  It  is  proba- 
ble, that  more  ♦^han  one  third  of  the  native  American 
seamen  belong  to  this  state,  and  three-fourths  are  sup- 
posed to  be  from  the  States  of  New- York  and  New- 
England ;  if  the  number  detained  in  British  ships  had 
been  great,  the  complaints  would  have  been  loudest 
from  this  part  of  the  Union ;  but  the  fact  has  been  quite 
otherwise.  You,  gentlemen,  represent  every  town  in 
the  Commonwealth,  and  will  be  able  to  ascertain  how 
;  many  of  your  neighbours  are  held,  without  their  vol- 
j  untary  consent,  in  the  navy  of  Great-Britain. 

All  the  European  nations  agree  in  founding  allegi- 
ance upon  the  circumstances  of  nativity  ;    they  claim 
,  and  treat  as  subjects  all  those  who  are  born  within  the 
j  Confines  of  their  domhiionsi  although  removed  toanp,- 


2 


titer  cc  Jiitry  in  their  youth.  This  doctrine  of  allegi 
ance  is  also  the  common  law  of  our  own  country,  am 
as  such,  it  often  has  been,  and  probably  always  will  bw 
recognized  by  our  courts. 

The  sovereigns  of  Europe  have  also  universally  as- 
■sunied  the  right  of  prohibiting  whenever  they  please, 
the  departure  of  tlieir  subjects  out  of  the  realm  ;  and 
we  are  told  by  the  most  approved  writers  on  the  law 
uf  nations,  that  a  State  has  just  cause  of  complaint 
against  another  which  entices  away,  and  employs  its 
useful  subjects.  That  every  government  has  a  just 
claim  to  the  service  of  its  subjects  in  time  of  war,  and 
tliatall  those  whoabandon  their  country  when  in  danger, 
are  deserters  which  she  lias  a  right  to  punish.  It  was 
upon  this  principle,  that  our  laws  for  the  confiscation 
of  absentees'  estates  were  passed,  and  if  the  principle 
is  unsound,  those  laws  were  unjust. 

Great-Britain  complains,  that  we  have  allured  her 
seamen  into  our  employment  by  holding  up  superior 
indue  ^rnents  to  them  to  quit  her  service  and  engage  ia 
ours  ;  and  this  too,  at  a  time  when  she  was  contending 
for  all  that  was  dear  to  her,  against  the  most  formidable 
and  efficient  force,  that  in  any  age  of  the  world,  has 
been  united  under  one  head.  She  asserts,  that  her 
seamen  are  essential  to  her  safety  ;  that  though  they 
Lire  not  liable  to  be  taken  from  our  national  ships,  and 
we  have  a  right  to  protect  them  while  they  remain 
within  our  territories  ;  yet,  if  they  pass  into  her  do- 
minions, or  if  in  transacting  their  own  affairs  on  the 
high-way  of  nations,  they  come  within  her  power,  she 
has  a  right  to  take  tiiem  in  virtue  of  her  prior  claim  j 
that  the  nations  of  Europe  have  for  ages  claimed  and 
exercised  this  right,  and  that  she  can  never  relinquish 
it,  so  long  as  wc  employ  her  seamen  without  endan- 
gering the  existence  of  her  navy.  ^Vhat  hope  of  peace 
then  can  reasomibly  be  entertained  while  such  a  sacri- 
fice is  required  of  her  i*  A  nation  ought  first  Uj  do  jus 


'W 


4.  - 


•*- 


«.-- 


11 


ne  of  allegi 
[country,  aiK 
ways  win  be 


jiversally  as- 
they  please, 
realm  ;  and 

s  on  the  law 

)f  complaint 
employs  its 

t  has  a  just 
of  war,  and 

2n  in  danger, 

ish.  It  was 
confiscation 

the  principle 


allured  her 
;  up  superior 
id  engage  in 
s  contending 
it  formidable 
le  world,  has 
rts,  that  her 
though  they 
al  ships,  and 
they  remain 
into  her  do- 
ilfairs  on  the 
r  power,  she 
prior  claim  j 
claimed  and 
er  relinquish 
Lhout  endan- 
ope  of  peace 
such  a  sacri- 
st Uj  do  jus- 


tice to  others,  before  it  demands  justice  of  them  ; 
when  war  was  declared,  we  knew  that  Great- Britain 
had  suffered  greatly  by  tne  desertion  of  her  seamen 
into  our  service  ;  but  had  we  done  any  thing  to  prevent 
or  discourage  it,  though  she  alleged  that  they  were 
necessary  to  her  defence  ;  and  to  us,  thev  were  onh 
useful  as  the  means  of  acquiring  wealth. 

In  tlie  war  between  France  and  England,  v/e  pro- 
fessed to  be  a  neutral  nation.  This  amounted  to  an 
engagement  on  our  part,  that  we  would,  in  all  things, 
shew  an  exact  impartiality  between  the  contending 
parties;  and  policy  as  well  as  justice  demanded  of  us  an 
equal  attention  to  both.  But  have  we  maintained  this 
exact  impartiality  towards  the  belligerents  ?  Have  not 
the  restrictions  upon  our  own  commerce  been  calcu- 
lated, as  deeply  to  wound  the  interests  of  Great-Britain, 
without  impairing  the  resources,  or  disturbing  the 
continental  system  of  her  enemy?  We  have  expressed 
a  just  sympathy  for  our  sean^en,  who  are  detained  in 
British  ships  ;  but  have  we  shown  a  like  sensibility 
for  those  who  are  confined  in  French  prisons,  until 
discharged  by  enlisting  on  board  their  cruizers.  When 
the  war  commenced,  had  we  not  received  as  many  and 
grievous  insults  from  the  French  government  as  from 
the  British  ?  And  in  what  manner  have  we  resented 
them  ?  Although  in  proportion  to  her  maritime  means 
of  annoyance,  we  had  suffered  much  greater  losses 
from  France  than  from  Eno-land,  has  not  our  lan^-iiaffc 
to  the  former  been  mild  and  conciliating,  and  have  we 
not  to  the  latter  indulged  in  offensive  reproaches  and 
undeserved  asperity  ?  Men  who  sincerely  desire  peace, 
will  not  employ  themselves  to  multiply  the  causes  of 
dispute,  and  excite  jealousy  and  irriiation  between  the 
people  of  the  two  countries ;  they  will  rather  allay  the 
passions  than  inflame  them,  and  will  think  it  no  dimin- 
ution of  our  dignity,  if  in  doubtful  cases  we  rcjcde 
from  a  supposed  right,  huIkm-  than  snnpoit  it  by  arti- 
fice  and  violence. 


I 


If 

It  has  beoii  often  asserted,  that  our  national  honor 
compelled  us  to  engage  in  a  war  with  Great-Britain-— 
The  honor  of  a  nation  consists  in  the  display  of  its  wis- 
dom, justice,  moderation,  and  magnanimity  ;  it  re- 
quires the  Government  to  regulate  its  conduct  for  the 
greatest  advantage  of  the  State,  and  to  pursue  that  se- 
ries of  measures,  which  most  effectually  promotes  the 
welfare  of  the  People.  But  that  species  of  honor  which 
would  prompt  us  to  wage  war  for  every  supposed  in- 
stance of  abuse  or  disrespect  is  not  the  honour  of  a  wise 
and  moral  people — A  proud  or  passionate  individual 
will  sometimes  claim  a  right  to  sport  with  his  own  life, 
by  putting  it  in  hazard  against  the  life  of  another. — 
But  few  men  will  avow,  that  Government  has  a  right 
to  expose  the  safety  of  the  State,  and  the  lives  and  for- 
tunes of  the  citizens,  merely  to  indulge  its  passions  or 
gratify  its  ambition. 

So  far  as  conquest  may  be  considered  as  the  object' 
of  the  present  War,  its  policy,  to  say  nothing  of  the 
justice  of  it,  must  be  extremely  doubtful.  A  few  indi- 
viduals may  gain  by  an  offensive  War,  but  the  great 
body  of  the  People  have  nothing  to  gain  or  hope  for. 
In  republics,  the  increase  of  power  and  wealth  has  of- 
ten occasioned  severe  calamitie..,  by  increasing  their 
pride  and  arrogance,  and  inspiring  rash  councils  and 
extravagant  measures.  But  when  they  have  been  suc- 
cessful in  foreign  war,  and  acquired  the  title  of  con- 
querors, I  think  they  have  invariably  and  speedily  lost 
their  form  of  Government.  A  TiUn  who  has  a  large 
army  at  his  control,  must  have  the  virtue  of  a  Wash- 
ington, not  to  make  use  of  it  for  his  own  aggrandize- 
ment. The  National  Constitution  was  formed  and 
adopted  for  our  own  defence  ;  there  is  not  a  clause  in 
it,  in  which  an  extension  of  our  territorial  limits  was 
contemplated. — The  Congress,  indeed,  were  authoriz- 
ed to  admit  new  Stales  into  the  Unioii  ;  but  every  man 
knew,  that  under  the  ConlVdcration  it  had  been  pro- 
j?osed  to  form  a  number  of  .elates  in  the  western  tei:. 


i^ 


oiiul  honor 
-Britain— 
of  its  wis- 
ity  ;  it  re- 
uct  for  the 
ue  that  se- 
3 motes  the 
3nor  which 
pposed  in- 
ir  of  a  wise 
individual 
is  own  life, 
another. — 
las  a  right 
es  and  for- 
passions  or 


the  object 
ling  of  the 
\  few  indi- 
t  the  great 
r  hope  for. 
ilth  has  of- 
ising  their 
>uncils  and 
:  been  snc- 
itle  of  con- 
leedily  lost 
has  a  large 
f  a  VVash- 
^grandize- 
)rnied  and 
,1  clause  ill 
limits  was 
I  authoriz- 
L'very  man 

been  pro- 
esterii  irf, 


13 

ritory,  and  Vermont  was  even  then  a  candidate  for 
admission.  1  presume,  that  no  one  thought  of  giving 
ConjT-ress  the  power  to  obtain  by  purchase  or  conquest 
the  territories  of  other  nations,  and  annex  them  to  the 
United  States,  and  form  them,  or  subdivisions  of  them, 
into  constituent  parts  of  the  Union. 

A  SUSPICION  has  been  intimated,  that  the  hostility 
of  the  Indian  tribes  was  excited  by  British  influence ; 
as  no  proof  has  been  offered  to  us  on  this  subject,  it 
might  be  sufficient  to  say,  that  a  regard  to  vague  and 
uncertain  suspicions,  exposes  a  nation  to  become  an 
unjust  aggressor.  But  has  not  our  coiiduct  towards 
those  trilDCS  been  often  oppressive  and  unjust ;  and  have 
we  not  indulged  an  eager  desire  to  obtain  possession 
of  their  lands,"  when  we  had  already  millions  of  acres 
which  we  could  neither  cultivate  nor  dispose  of?  Per- 
haps the  late  unfriendly  dispositions  of  the  Indians  may 
be  accounted  ibr,  by  "the  march  of  a  hostile  army  into 
their  countrv,  and  the  batde  which  ensued,  many 
months  before  war  was  declared  against  England. 

In  the  present  moral   state  of  the  world,  it  would 
seem,   that  our  political  friendship  should  be  formed 
with  some  regard  to  that  state.     But  are  we  encour- 
aged by  the  moral  (pialities  of  the  French  government 
to  take   part   in  its  wars  ?    Or  will  any  one  say,  that 
the  cause  of  France  is  more  just  than  that  of  Spain, 
Portugal,  or  Ru^../ia,  or  that  her  success  would  be  more 
conducive  to  the  happiness  of  mankind"?    Or  should 
we  cultivate  the  friendship  of  France,  because  she  can 
do  us  more  injury  than  Kngland,  or  because  her  maij- 
ners,  religion,  or"  policy,  are  more  congenial  to  ours? 
In  our  emi;arrassed  and  alarming  situation,  it  is,  indeed, 
a  very  favourable  circumstance,   that   the  Peoiiie  have 
so  generally  expressed  their  utter  aversion  to  a  r  rencU 
alliance  ;— such  an  alliance  would  be  llie  greatest  cu- 
Mmity,  and  must  produce  die  most  fatal  eifects. 


» 


14 


IM 


It  is  my  wish,  gciitlcnicii,  in  making  these  observa- 
tions, that  they  may  lead  lo  a  dispassionate  review  of 
our  conduct  towards  England  and  France,  and  of  theirs 
In  relation  to  us.  While  we  attend  to  what  is  due  to 
ourselves,  we  are  not  to  forget  what  we  owe  to  others ; 
and  in  cases  liable  to  the  least  doubt,  the  claims  even  of 
an  enemy  should  be  impartially  exammed.  If,  upon 
such  examination,  we  are  convinced  that  the  War  is 
necessary,  we  shall  be  justified  in  affording  our  volun- 
tary aid  to  support  it.  But  if  we  discover,  that  our 
opinions  or  measures  have  been  erroneous,  we  have 
the  strongest  motives,  both  from  interest  and  duty,  to 
relinquish  them.  We  may,  indeed,  deceive  ourselves, 
and  even  resolve  to  cherish  the  deception ;  but  the 
Supreme  Arbiter,  to  whose  retributive  justice  the  most 
solemn  appeal  has  been  made,  cannot  be  deceived,  and 
will  not  with  impunity  be  mocked. 

In  times  of  party  Zealand  public  commotion,  it  niav 
be  difficult  on  some  occasions  to  discern  wiiat  is  right. 
But  I  hope,  that  with  a  fixed  attention  to  the  duties 
imposed  on  us  by  our  National  and  State  Constitutions, 
and  with  a  humble  reliance  on  the  Divine  direction, 
the  Members  of  this  Government  will  in  this  perplex- 
ing period,  preserve  consistency  of  conduct,  and  ad- 
here with  undeviating  constancy  to  the  principles  ot 
justice  and  truth. 

CiVLEli  STRONG. 
il%28,  isi:.. 


5e  observa- 
I  review  of 
nd  of  theirs 
Lt  is  due  to 

to  others ; 
ms  even  of 
If,  upon 
he  War  is 
our  voiun- 
',  that  our 
*,  we  liave 
id  duty,  to 
ourselves, 

;  but  the 
;e  the  most 
eived,  and 


on,  It  niav 
Lit  is  right, 
the  duties 
stitutionS; 
direction, 
s  perplex - 
:,  and  ad- 
inciples  of 

lONG. 


ANSWER 


OF 


THE    SENATE    OF    MASSACHUSETTS,    TO    THE 


GOYERNOR-S  SPEECil 


Miuj  it  idcase  ijoiiv  ExceUpuciif 

The  Senate  of  Massachusetts  have  met  jolu"  Ex- 
cellency, at  the  opening  of  the  present  political  year, 
Avith  the  most  lively  emotions  of  respect  and  affec- 
tion, and  witii  devout  thankfulness  to  the  Author  of 
all  good,  for  your  re-election  to  the  office  of  Chief 
Magistrate.  In  this  event,  so  propitious  to  the  best 
interests  of  Qur  country,  we  discern  a  satisfactory 
evidence  of  tlie  viitue  and  intellisience  of  our  fellow'- 


roLx. 


citrzens — and  we^an  assure  your  Excellency,  thai 
the  enlightened  people  of  this  Commonwealth  have 
witnessed  your  administration,  during  the  past  year, 
not  only  with  entire  approbation,  but  Avith  the  a\  ai  mesi' 
sentiments  of  veneration  and  gratitude.  The  cheer- 
fulness, with  which  your  Kxcellency  has  again  ac- 
cepted tliis  high  and  responsible  oiUce,  doubly  ardu- 
ous at  this  perilous  crisis  of  our  affairs,  is  a  renewed 
proof  of  the  pure  and  exalted  patriotism  for  whicU 
your  Kxcellency  has  ever  been  distinguished. 

Tlie  Senate  consider  the  view  which  your  Excel- 
lency, in  your  communication  to  the  Legislature,  has 
tflken  of  the  causes  which  have  produced  the  [)rrsent 
calamitous  situation  of  the  country,  to  !)e  so  clejir  and 
comprehensive,  that  it  would  be  dilficuU  to  makeujiy 
observaiions  in  their  ausiwer.  which  your  Excellency 
ha«  not  Ritficipated. 


':, 


;!  i 


w  > 

1  i 


16 

A  frequent  recinteuce  to  the  principles  of  our  Con- 
stitutions is  necessary  to  a  proper  understanding  and 
support  oi*  our  rights  and  privileges. 

That  the  freedom  of  speech  and  of  the  press  is 
essential  to  the  preservation  of  our  free  governments  : 
— that  all  political  power  is  derived  from  the  people  : 

that  they  may  resume  the  trust  which  was  delegat- 

ed  for  their  welfare,  w  henever  it  shall  be  exercised 
to  their  ruin  ;  and  that  allegiance  and  protection  are 
reciprocal — are  positions  in  which  all  agree. 

These  rights  arc  indeed  liable  to  abuse.  The  free- 
dom of  speech  may  degenerate  into  licentiousness : 
and  the  inherent  right  of  the  people  to  alter  and  amend 
their  systems  of  government,  may  be  perverted  to  the 
purposes  of  ambition.  But  notwithstanding  the  diffi- 
culties and  dangers  which  must  be  encountered  for 
the  attainment  and  support  of  Ci>  il  Liberty,  yet  its 
blessings  are  a  full  reward  for  all  the  care  and  exer- 
tion necessary  to  its-  preservation.^ 

The  Constitution  of  the  United  States  was  the  re- 
sult of  mutual  forbearance  an. I  liberal  compromise. 
There  w  ere,  !iowever,  certain  great  interests,  which 
were  understood  to  claim  its  peculiar  regard* 

Among  the  most  prominent  of  these  were  the  en- 
couragement and  protection  of  commerce. — This  was 
iustly  considered  by  the  New-England  and  navigat- 
*ing  States,  as  an  indispensable  condition  of  the  com- 
pact.  It  was  commerce  which  gave  value  to  their 
enterprise  and  agriculture;  and  so  careful  were  they 
to  guard  this  sinew  of  their  strength,  that  a  provision 
was  introduced  into  the  Constitution  itself,  exempting 
all  exports  from  duty.  This  regard  to  commerce  was 
not  n<»vel ;  for  in  the  Declaration  of  Independence  it 
rorms  a  c<nispieuous  allegation  against  Great  Britain, 


-^  y 


fourCon- 
nding  and 


5  press  IS 
Rrnments  : 
le  people  : 
IS  delegat- 
exevcised 
ection  are 
e. 

The  ftec- 
tiousness  : 
md  amend 
ivted  to  the 
g  tlie  dilli- 
uitered  for 
•ty,  yet  its 

and  cxer- 


vas  Uic  rc- 

)ni  promise. 
>sts,  which 
rd* 

jrc  tlic  cn- 
— This  was 
lid  navigat  ■ 
)f  the  cora- 
ue  to  tlicir 
I  were  they 
a  provision 
,  exemptina; 
iimeree  was 
[icndcncc  it 
eat  Britain^ 


17 

that  she  had  cut  off  onr  trade  with  all  parts  of  the 
world. 

It  is  not  to  be  supposed  that  the  navigating  state* 
would  have  adopted  the  constitution  if  they  had  fore- 
seen  that  the  eft'ect  of  it  would  be  the  destruction  of 
their  commerce. 

Soon  after  the  constitution  went  into  operation  the 
war  in  Europe  broke  out,  and  the  citizens  of  the 
United  States  were  necessarily  affected  by  its  conse- 
quences. 

It  was  then  that  the  patriotism  and  firmness  of 
Washington  were  again  tried.  Moved  by  considera- 
tions uf  justice  as  well  as  of  policy,  notwithstanding 
the  embarrassments  of  a  powerful  opposition,  and 
with  means  and  resources  inconsiderable,  compared 
with  those  which  were  in  the  power  of  the  present 
administration— -he  took  and  maintained  the  ground 
of  an  impartial  neutrality. 

The  state  of  prosperity  wliicli  followed  this  mag- 
nanimous course,  was  unexampled  in  ilie  history  of 
tlie  world. 

It  was  emphatically  the  golden  age.  Our  com- 
merce was  extended  through  the  world,  richly  re- 
warding the  labour  and  enterprize  of  the  farmer  and 
the  merchant,  and  furnishing  abundant  revenues  for 
the  support  of  government.  With  such  an  example  be- 
fore them,  was  it  to  have  been  expected  that  any  admin- 
istration, under  circumstances  nearly  similar,  would 
pursue  an  opposite  policy?  Could  it  have  been  be- 
lieved that  the  original  ground  and  bond  of  the  union 
wonld  be  abandoned  ?  that  measures  would  be  adopt- 
ed and  pursued  with  undeviating  perseverance  de- 
structive of  our  commercial  advantages  ?  that  a  naval 
defence  should  not  only  I)e  neglected  ])ut  represented 
as  an  exIrnvngMut  nnd  useless  expenditure  ! 


■^M 


m\ 


% 


s  ■ 

,1 


i!   i 


i 


H 


)' ... 


Id; 

It  was  naturally  to  be  supposed  that  both  Oreat 
Britpin  and  France  would  be  desirous  of  the  aitl  ot 
the  United  States  in  their  sanguinary  contest ;  bu   it 
,vas  obviously  the  duty  and  for  the  interes  of  this 
country  to  remain  perfectly  neutral.     Why  then  hag 
our   country  been  involved  in  war,  especially  witli 
that  power  whose  means  of  annoyance  so  SJ't^^^^iy  ex- 
ceed those  possessed  by  the  other?  Was  Great  Brit- 
iun  selected  for  our  enemy  because  she  has  paid  less 
vesard  to  her  treaties  than  France  ?  In  u  ter  contempt 
of  lier  engagement,  that  free  ships  should  make  tree 
o-oods,  France  has  plundered  and  confiscated  Amer  • 
rican  property  wherever  it  should  be  found.     While 
one  of  these  rival  powers  has,  according  to  her  agree- 
ment,  compensated  in  damages  with  interest  for  iii^u- 
lies  of  which  we  complained,  the  other  has  avoided 
her  compacts  by  the  shameless  avowal  that  she  tinds 
areal  inconvenience  in  their  performance.   While  one 
of  them  has  convoyed,  the  other  has  burnt  our  ships  in 
every  sea. 

The  principal  alleged  cause  of  the  war,  was  the 
Orders  in  Council ;— and  although  they  have  ceased, 
it  is  still  necessary  to  consider  the  circumstances  un- 
der which  thev  were  issued,  riglitly  to  understand  tlie 
crounds  and  ongin  of  that  disastrous  measure. 

Our  Ministers  in  London  had  concluded  a  treaty 
fipon  all  the  points  in  dispute  between  the  two  coun- 
li'ies,  iust  at  the  time  when  the  Berlin  Decree  Was 
published,  prohibiting  to  neutrals  all  intercourse  with 
Gieat-Bri'tain.  Aware  of  the  injuiies  winch  she  must 
sustain  from  that  flagrant  violation  of  the  law  ol  na- 
tions, she  frankly  informed  our  government,  tliat  it 
(contrary  to  all  expectation)  tlie  United  States  sub. 
initled  to  that  outrage,  she  should  be  obliged  to  retal- 
iate upon  b^-auce  by  prohibiting  to  neutrals  all  trade 
Willi  lu'v.  T\w  Berlin  Decree  was  immediately  en- 
iurced  upon  all  Amerieau  property  within  the  reach 


a 


\\,\ 


h  Oreat 
le  aid  of 
t ;  but  it 
3t  of  this 
then  has 
[illy  with 
eatly  ex- 
reat  Brit- 
paid  leas 
contempt 
lake  free 
lid  Amer. 
.     While 
ler  agree- 
t  for  inju- 
s  avoided 
,  she  finds 
►Vhile  one 
ir  ships  iu 


,  was  the 
ve  ceased, 
tances  nn- 
M'staud  the 
lie. 

d  a  treaty 
two  eoun- 
)ecree  was 
course  witli 
li  she  must 
law  of  na- 
eut,  tliat  if 
States  sub- 
ed  to  retai- 
ls all  trade 
idiately  en- 
i  the  reach 


19 

©f  French  rapacity,  as  well  in  neutral  territories  as 
on  the  liJo'h  seas.  This  was  known  to  our  govern- 
jnent :  —tor  it  appears  that  as  early  as  May,  I8O7,  they 
informed  our  minister  in  France,  that  "  there  were 
proofn  that  the  West  India  privateers  had,  under 
colour  of  that  edict,  committed  depredations,  which 
•would  constitute  just  claims  for  redress." 

The  treaty  was  rejected  hj  tlie  Pi-esident  as  un- 
worthy of  the  consideration  of  tlie  Senate  :  notwith- 
standing the  duty  to  preserve  an  exact  impartiality, 
110  efficient  measures  were  taken  against  France,  for 
her  violation  of  her  treaty  as  well  as  of  the  law  of  na^ 
lions  :  and  after  waiting  nearly  a  year,  Great- Britain 
issued  her  Orders  in  Council,  of  11th  November, 
I8O7,  retaliating  the  aggressions  of  Franc<^,  in  pursu- 
ance to  tlie  notice  before  siven. 

These,  as  your  Excellency  observes,  were  declar- 
ed to  be  "  retaliatory  measures,  adopted  in  conse- 
quence of  the  aggressions  of  Jier  enemy,  and  to  be 
revoked  when  these  aggressions  ceased.*^ 

Our  government  contend  that  France  lias  l)eoii  tlie 
first  to  do  justice  to  the  United  States  :  That  she  re- 
pealed her  decrees,  and  ceased  to  violate  our  neutral 
rights  in  November,  1810  ;— and  therefore,  that  Great 
Britain  ought  to  have  revoked  her  Orders  :  That,  ia 
consequence  of  her  refusal,  the  Act  of  Congress,  of 
March,  1811,  ^^^^H  rightfully  passed,  prohibiting  all 
intercourse  with  Great- Britain-— a  measure  which  the 
Emperor  has  graciously  condescended  to  consider  as 
"  an  act  of  resistance  to  the  British  Orders." 


T'--  qtiestion  is  thus  brought  to  a  single  point.— 
Bid  1  lancc  repeal  her  Decrees;  and  cease  to  \inhiU\ 
our  neutral  rights  in  November.  1810  ? 

If  she  did,  Great-Britain  was  bound  upoi}  her  ouji 
principles  to  repeal  her  Orders.— If  she  did  not,  it. 


m^i 


i' 

1 

i' 

'/ 

m 

'.'! 

H 

•Sj 

•fc 

Ci^ 

1 

;'4 


ao 

necessarily  fellows,  tliat  Frr.nee  has  added  insult  to 
her  original  aggression. 

The  nrctendcd  repeal  of  the  Decrees  was  upon 
comMri'reiVect,  tlL  Great  B-Uain  should  a^^^^^^^^^^ 
the  antient  rights  and  usages  ot  «ar,  *,f»«t.«nc  by 
the  public  law  touching  blockades  :  "^  <;«"''  """; 
which,  (as  yonr  Excellency  observes,)  many  pcisous 
supposed  would  never  happen. 

Nevertheless  our  government  condueiediiselfm 
relation  to  Great-Britwu,  as  iC  the  repeal  had  been 
absolute. 

The  around  taken  liy  the  American  fahiuet  was, 
lhaT*>afce  had  ceased  (o  violate  the  ^^^^^ 
the  United  States,  and  they  insisted  that  Uieat  Bui 
ain  ought  to  believe  it. 

But  the  continued  Imrning  of  American  vessels  by 
order  of  the  commanders  of  the  Emperor's  ships-^hc 
indiscriminate  plunder  and  confiscation  »/  A™™ 
property  on  shore-on  the  seas-in  t>™««-'Vhe"; 
J^ark— Naples,  and  other  subjugated  States  .  l  liese 
Tuies,  cLnected  with  the  -P-'cd  "leeWa  o„ 
the  Emperor,  that  tlie  l)ec-ees  were  the  1«»*'*"'^  |" 
law  of  Ids  empire,  still  operated  upon  the  incredulity 
of  Great-Britain, 

At  len-th,  when  it  suited  the  purposes  of  the  Em- 
wror   l".t  not  till  April,  1811-he  made  his  repea- 
ts decree,  and  as  wl  are  informed,  coramumcated  it 
"^out^bin^;  although  it  was  not  mf^  P  ^^  o 
more  than  a  year  after  its  date  .  ;"  ,  ""^,.i;";\*  't*^ 
question,  now  under  «of  V''"''"''"'    "  r,^*   rteei^es 
The  Emperor  declares  H'^*  l'«  .'7''"^'f  '  '  L  BrUish 
in  consequence  of  our  act  "^  w^f'^V''^'' *'',"'' t?^,''', 
„„,ei.s  :-but  onr  government  <  '^'^  .'^' "-^f  "  *    *7  ^'' 
was  in  consequence  of  his  repeal  ot  the  dctiees. 


insult  to 


^as  upon 
abandon 
ioned  by 
condition, 
y  persons 

I  itself  in 
had  been 


l)iuet  was, 
lI  riglits  of 
h-eat-Brit- 


vessels  by 
diips — tlie 
American 
. — in  Den- 
es: These 
laration  of 
mdamental 
incredulity 


of  theEm- 
his  repeal- 
mnicated  it 
publick  for 
is  puts  the 
vev  at  rest, 
his  decrees 
the  British 
hat  this  act 
ccrees. 


'-  To  suppose  therefore,  (p.s  your  Excellency  re- 
marks)  that  the  French  decrees  were  repealed  on  the 
2d  Nov.  1810,  involves  the  absurdity,  that  the  effect 
took  place  long  before  the  cause." 

During  all  this  period  the  negotiation  was  pend- 
ing with  Great-Britain,  She  making  overtures  to 
revoke  her  orders  upon  receiving  evidence  of  the  re- 
peal of  the  decrees  :— the  actual  repeal  was  care- 
fully concealed— and  the  American  cabinet  em- 
ployed itself  in  laboured  essays  to  persuade  Great- 
Britain,  that  the  pretended  repeal  was  real  and  ab- 
solute-^  until  they  terminated  the  discussions  by  a 
declaration  of  war. 

It  is  now  sufficiently  apparent,  that  if  the  decrees 
had  been  effectually  resisted,  the  Orders  in  Council 
would  not  have  been  issued — for  as  soon  as  the  real 
repeal  was  produced.  Great  Britain  annulled  her  or- 
ders according  to  her  uniform  engagement.  Unfor- 
tunately, however,  the  country  was  plunged  into  the 
war,  before  the  revocation  could  be  known  here. 

The  declaration  of  the  French  minister,  that  the 
Decrees  of  April,  1811,  was  communicated  to  our 
cabinet,  was  true,  or  it  was  not.  If  it  was  not  true, 
why  have  not  the  administration  indignantly  denied 
the'^fact,  and  taken  such  a  position  in  relation  to  that 
perfulious  power  as  the  occasion  required  ?  If  it 
was  true,  and  the  war  has  been  produced  by  the 
concealment,  will  not  all  the  blood  that  has  been  oi 
may  ])e  shed  in  carrying  it  on,  l>c  required  at  the 
hands  of  its  authors  ? 

If  upon  the  discovery  of  the  perfidy  of  the  French 
government,  the  President  had  revoked  his  Procla^ 
mation,  we  agree  with  your  Excellency,  ^'  that  the 
numerous  evils  that  have  followed  from  that  luifortu. 
nate  measure  might  have  been  prevented.*' 


it 


>  -  hi 


i 


Ji 


i  I 


And  cousideving  the  restrictions  whicli  the  Euro- 
pean powers,  in  time  of  peace,  usually  impose  on 
trade  with  their  colonies — we  perfectly  agree  with 
your  Excellency,  *^  that  it  is  prohable  that  if  our 
government  had  maintained  a  system  of  impartial 
neutrality  and  had  imposed  no  lestrictions  on  trade, 
that  notwithstanding  those  decrees  and  orders  we 
might,  by  reason  of  our  neutral  character,  have  en- 
joyed a  commerce  more  lucrative  for  the  last  seven 
years  than  would  have  fallen  to  our  share  had  the 
wJiole  world  been  at  peace/* 


The  Orders  in  Council  having  been  thus  removed, 
the  only  remaining  alleged  cause  of  war  was  the 
right  which  Great- Britain  claimed  to  take  her  own 
seamen  from  our  merchant  ships. 


That  cause  alone  was  not  considered  as  a  suffi- 
cient objection  to  the  arrangement  whicli  was  made 
with  Mr.  Erskiue,  and  little  doubt  can  be  entertain- 
ed, that  another  arrangement  equally  advantageous 
lo  tlie  United  States  might  have  been  made  and  the 
war  instantly  brought  to  a  close.  As  impressments 
had  been  contiiui^liy  diminishing,  it  is  not  easy  to 
perceive  wliy  (iip  fteressity  vS  war  for  that  cause 
should  have  cucreased. 


1  i 

]  i 

il  i 

1'  I 


ii 


Besides,  the  people  had  expressed  great  sa  -fac- 
tion with  that  arrangement,  and  would  undonbledly 
have  rejoiced  had  a  similar  course  been  pursued. 

By  this  we  do  not  mean  that  the  manner  should 
have  been  exactly  followed  ;  for  we  shouid  exceed- 
ingly regret  that  any  oifensive  terms  should  have 
been  again  introduced,  having  a  direct  tendency  to 
defeat  the  negotiation. 

The  people  fortunately  understand  the  f^ubject  of 
impressment  nuich   better  than  foiinerly,  and  it  will 


I 


23 


he  Euro- 
npose  oil 
^I'cc  witli 
at  if  ouv 
impartial 
on  trade, 
rders  we 
liave  en- 
ast  seven 
e  liad  the 


removed, 

was  the 

her  o^\n 


8  a  snffi- 
vas  made 
entertain- 
antageous 
le  and  the 
ressments 
t  easy  to 
hat  cause 


sa  "-fac- 
hledly 
rsued. 


ilon 


er  sliould 
[1  exceed- 
)ukl  have 
idency  to 


subject   of 
nd  it  will 


be  difficult  to  persuade  tlieni  tliat  they  are  to  be  ten- 
efitted  hy  the  employment  r\iul  protection  of  foreign 
seamen. 

The  result  of  tlie  late  investigation  upon  this  sub- 
ject in  this  Commonwealth,  abundantly  proves,  that 
the  risque  of  impressment  of  native  American  seamen 
is  so  small,  that  it  scarcely  excites  their  attention  or 
i-egard.  Indeed  it  must  be  considered  as  a  singular 
circumstance  that  our  western  brethren  should  ex- 
press and  seem  to  feel  so  much  more  sympathy  for 
the  wrongs  suffered  by  the  seamen,  than  the  seamen, 
do  for  themselves. 

It  ought  to  be  recollected,  that  the  evidence  on  that 
examination,  was  taken  under  oath;  from  merchants 
of  this  state  who  had  employed  the  greatest  number 
of  seamen,  in  voyages  to  all  parts  of  the  world  :  and 
it  is  much  to  be  desired  that  such  further  investiga- 
tion will  be  had  in  other  commercial  states  as  will 
present  the  whole  truth  upon  this  very  interesting 
subject. 

We  concur  with  your  Excellency  in  the  belief, 
^*  that  British  seamen  have  been  patronised  at  tlie 
expense  of  our  own,  and  that  if  Great-Britain  should 
consent  to  relinquish  the  right  of  taking  her  own  sub- 
jects it  would  be  of  no  advantage  to  our  native  sea- 
men, it  would  tend  only  to  reduce*  their  wages  by 
encreasing  the  number  of  that  class  of  men/' 

We  believe  there  never  was  a  subject  more  gross- 
ly  misrepresented,  both  as  to  the  cause  and  effect, 
than  this  of  impressment. 

Give  our  gallant  seamen  ships  and  employment, 
and  they  will  not  call  upon  the  landsmen  for  protec- 
tion or  for  bread. 


% 


24i 
^r       T?^npllP«rv  verv  iustlv  observes,  that  '•  the 

S™rf»  t  adSion  omew  states  ^^^^ 
travy  to  these  principles,  and  so  fatal  to  tlit  sattty 

the  union. 

The  dutv  imposed  by  the  Constitution  upon  the 
Gelml  Go^™nment  to^vovidc  tor  the  'om.non  de- 
fence was  undoubtedly  a  P""e'l"^\nf Xtfl.ee. 
adoption.     But  in  what  manner  has  this  dutj  been 

performed  ?  , 

Althou-b  Massachusetts  and  other  great  navisat- 
insstte?  have  contribjUed  immense  sums    m 

snnnort  of  the  General  Government,  yet  w  litn  tiKy 
are  Mun"e,l  into  the  war  l.y  Slates,  whose  cont.l  - 
Ln  Imve  often  fallen  short  of  the  f^V^^^-\"l  «'" 
coilectlon,  they  are  left  to  take  earc  of  themselves. 

What  measures  have  been  adopted  for  l'"-^  1'™'^;;; 
ao.r  of  onr  immense  property  o..  ^--^l^ 
are  the  troops,  raised  and  paul  by  the  United  otatts. 
Thev  have  been  most  improvidently  drawn  Irom  the 
1^  ^1    thP  most  exposed  part  of  our  country,  lor 
r  nSst  of  "l'^'^  the'  territory,  an.l  allacking 
'  dStal  of  a  .il.ishbourins  »"'\  ,V"»  -'^■;;| 
nrnvince.  which  was  sincerely  desirous  ot  conlu  u  i.,, 
•^nJnfhe   most  friemlly  terras  with  us:  a  proM  ire 
r  th^connfes  rf  Zli,  if  made,  can  be  of  no  ad- 
iTtita^,  buT  may  produce  incalculuidc  evils  to  our 

Country. 

The  refusal  of  the  Presideut  to  furnish  il>;^  Stale 
witii  Us  proportion  of  arms,  tor  Avliich   the  State  has 


t "  tllf 

for  oiiv 
n  it  ill 
as  eon- 
i  of  the 
we  arc 
I'sueil  a 
ly  con- 
^fety  of 


)on   the 

inoii  (le- 

for  its 

ity  been 


navii^at- 
for  the 
leii  tliey 
iontrilm- 
e  of  the 
elves. 

e  protec- 

?  where 

il  States? 

from  the 
intry,  for 
attack  ini; 
lolVeiiding 
ontli  u  n^j; 

pm>i  lee 

of  HO  ad- 
ils  to  our 


already  paid,  we  hope  is  not  a  correct  indication  ot 
the  temper  and  disposition  entertained  by  the  Gener- 
al Government  in  relation  to  the  aid  which  they  pro- 
nose  to  afford,  in  this  war  which  has  been  so  wantonly 
waged.  Considering  that  the  distribution  was  pe- 
roraptorily  required  by  law,  to  be  made  according  to 
the  effective  militia  of  each  state,  we  know  not  from 
whence  the  President  derived  his  power  to  dispense 
Avith  its  obligations. 

The  accumulated  evils  which  have  fallen  upon  the 
people  in  consequence  of  the  departure  from  the  prin- 
ciples and  policy  of  Washington,  have  in  a  greiit 
measure  silenced  the  rage  and  lessened  the  asperity 
of  party  animosity. 

Involved  in  one  common  distress,  they  look  upon 
each  other  with  astonishment  and  sympathy,  and  ara 
anxious  only  for  the  publick  safety. 

Dependinii;  upon  the  blessings  of  Heaven  our  fa- 
thers braved  and  resisted  op})ression,  and  founded 
this  free  State  upon  the  principles  of  civil  and  rcli- 


a 


if 


ions  liberty. 

We  trust  that  tlieir  Sons  have  not  degenerated-— 
and  that  they  will  duly  appreciate  and  defend  their 
precious  heritage. 

We  cordially  unite  with  your  Excellency  in  the 
('  hope  that  w'ith  a  iixed  attention  to  the  duties  im- 
p(»sed  by  our  National  and  State  Constitutions,  and 
w  ith  a  llumble  reliance  on  tiie  Divine  protection,  the 
members  of  this  government  will  at  this  perplexing 
period,  preserve  consistency  of  conduct,  and  adhere 
with  undevinting  r onslancy  to  the  principles  of  Jus- 
tice and  Tnith." 


this  State 
State  ha*^ 


4 


HOUSE  OF 


.     ans\v^:r 

or  THE 

RliPllESNTATTVr.S  OF  MAbbAUilUSEl  1  S, 

•  TO  THE 

GOVEB^'OlrS  ftPEECll. 


May  Hiihiise  ipui'  Excellency, 

'i^TlE  Honso  ofPtopvosoiUatives, voccivo  with 

;i:: ;;;;- wt  S" — '*•■  '■■  '-»■  "• 

ceutclcetidii. 

aJlous  Vi^hes  or  tl,o  veo,>l«,  cou.s.uie,   ^^;;P^ 
to  leave  a.«  pleasures  '^■"' l''"!n'"''iy    '.\""'  ^^  ^  ' 

d  t ;om-  eo„,a,v  a  senlee  neve,  lo   •;;  "'^^^J  ;" 
\  new  ordev  of  \\x\ns;s  li-ul  avisen  iii  tins   lommo  i 
health   i  mrl.ie\>.us  Z>  peLSooM  seeurU.y  a.ul  the  vol.- 

c  ,      e        'rVe  .uost  alanuii-S  innoval.oijs  upou  on 
liciH.ui  „,,,i  ,,,a.-es  were  iiilroilueetl  niulei-  the 

"CZVoVlehH."  auUmritles.  yree.lo.n  of  speech 
:^  f  r  i  ..  the  people  lo  diseass  in  theiv  assem- 
ie,  he  measures  oV  (iovernu.eut,  were  .le..o»ne  . 
•r  u  aw  OlVicevs  of  the  Con.n.onweallh  were,  .  - 
i  ete  1  (o  ra.isaek  tiles  of  newspapers  „.  seareh  ol  li- 
•l-o  perpetuate  the  usurp.tio,,  of  l'^"'ty  power, 
.1  eirecu'uy  to  lueveut  the  roaeUou  ol  V^ic  .en- 


,iil  IS, 


tcivo  ^\\ih 
lunH'iillon 
inccjnivo- 
lul  ap\)i'()- 
i  your  10- 

-  last  year 
iiv  tavoi'itc. 
.)u  i'0!Kler- 
r2;ottiMi. — 

Common - 
il  i\ui  pnb- 
i  iipou  our 

imuUh'  t!»e 
n  of  speech 
I'ir  assem- 
lenuuuced. 
I  were  iu- 
eavcli  ol'  li- 
n'ty  power, 
[^)u))lie  sen 


S7 

y  rlsangc  of  times  or   of  affairs, 
hicii  (^ousiUutes  the  hasis  of  taxation, 

borthcLeajiglature 


\ 


tiuiciii     iiiider  ;ui 
the  valuaiiou   w 

and  ol'  represeiilaiion  in  one  bi-anen  ui  ini>  xiuji>i.3nvv«.x., 
was  framed  on  ])iiuciplcs  grossly  erroneous  ;  and  the 
>Staie  AN  as  divided,  without  regard  to  the  provi- 
sions of  tiie  eonstiiution,  the  dictates  of  justic*,  or  the 
pviiieii)les  of  etiuality,  into  districts  of  tlie  most  prepos- 
terous and  ineonveident  forms3  for  the  purpose  of  sc- 
ctwing  politicnl  majoiities.  A  monied  institution  was 
created,  founded  on  the  determination  to  aholisli  tliosc 
already  existing,  and  its  capital  was  apportioned  to 
counties  and  towns,  upon  a  digested  scheme  of  pre. 
miums  t\)r  jiolitienl  corruption.  The  courts  of  justice 
were  new  modelled,  and  a  general  removal  from  of- 
ilee  of  those  who  were  suspected  of  deviation  from  the 
treed  of  the  nding  party  was  commenced  and  defend- 
ed as  a  measure  of  political  justice. 

At  this  alainiing  juncture,  the  eyes  of  \\x^  people 
were  turned  towards  your  Excellency  as  to  a  tried 
;ind  faithful  friend,  \v hose  nKKhu'ation  and  firmness 
\vei*e  calculated  to  cheek  the  progress  of  these  abuses 
pud  contribute  to  their  leformation.  Tliese  expecta- 
tions have  been  fidlilled,  and  the  good  sense  of  tlic 
pcv  ^de  with  the  benelit  of  yiiur  iuilueuee  and  rvamplc 
has Vescued  the  state  frcun  oppression,  and  probably 
saved  it  from  tiic  horrors  of  a  civil  commotion. 

We  advert  with  great  interest  to  your  Excrlleney's 
observarums  upon  tin*,  exposure  of  imr  sea  coast  to 
danger,  and  are  deeply  atVeeted  I)y  information  of  the 
privations  aiul  sulVeriugs  to  wliieh  the  iuhabitauls  arc 
doomed  in  many  places,  by  the  wanton  and  cruel  war 
in  which  we  are  engaged.  As  the  (leneral  (ioveru- 
menthas  wholly  abandoned  this  important  and  exten- 
sive coast,  ajul'tlie  trade  so  esseuiinl  to  their  interest, 
as  no  portion  of  the  immense  reveinu'  drawn  IVosn  this 
Stale  is  applied  to  efleelive  drfeiiee,  and  as  we  lenni 


I 


y  I 


t  < 

u  ■ 


m'l 


S8 

''ftaatioXs  "eu^-o^^^^^^^^^     l.y  the  President 

:\"U  States,  ^vlueh  will  a.l.l  c.ovntc..  b«r- 

tl  ens  .,p.m  our  Constitueitts,  yet  «'':,?""'^f^'f  {..W 

at  the  patriotic  of  OHV  citizens  will  st.U  !«  «''\<- .'» 

tlisU  some  means  of  defence  f«  °"^  ."^  '  t„  wi*-' 
Jlmnld  the  General  Governmem  still  contm  c  to  \Mtn 
Sat  nlction,  which  -  S-ranteed  by  heX.n.t  ■ 

tntion.  It  is,  in  these  <'f-^!'™'*t{l"^^,^'JiSif  i.^'^^^r 
lation.  that  our  brave  and  '1'«'=>Pl'"'^,'\f  ^'^"^J  ;^i'^l 
provident  care  have  been  reserved  at  h"™^  to 'q c 
Invasion  instead  of  beiiii;  sent  on  expeditions  woisc 
tb"tle"fn  which  we  might  have  been  compelled 
;  monvn  ov;r  their  defeats,  wheri  conscience  would 
have  forbidden  us  to  rejoice  in  their  success. 

The  rislit  and  duty  of  a  free  enriuiry  into  « the 
,rmLs  aui  onV»"  of  the  pv-^nt  vvar  w.  11  ueveH.a 
relinquished  by  our  constituents,  without  a  stuisglu 
'ri  doctrine  that  silent  acquiescence  m  ™'""";;>»«^; 
sures,must  be  enforced,  because  tliey  are  stamped  w^U 
the  fc  rms  of  the  constitution,  is  not  adapted  '„"'^", 
ciiaracter  or  comprehension.  They  ™  !'  ;;;^'  ;^''  .f 
theories,  in  those  times,  wlien  (heir  petitions  ami  il- 
monstraJices  were  despised  and  r,|eclcdby  a  r.  s 
Parlianienl,  deaf  lo  their  complaints  and  "l"-'  '  •'' 
feelin"«.  Such  a  doctrine  is  an  incenlive  lo  t.viaiirij, 
1„  stilK  opposition,  by  dolus  ils  w.u'U  with  despatch. 

Your  Excelleucv's  illustration  of  Ibe  causes  of  Ihr 
uniusl  war  in  which  we  are  ensas<>d,  is  so  lucnl  aii.l 
Haiisfaclorv.  and  your  view  of  the  controyeisy  rcspecU 
ing  the  British  Orders  in  Coun'Hl  and  Iheir  .laims  lo 


m 


arms  to 

it  to  pro- 
iinoffenii- 
atiou  <le. 
own  pro- 
\iul  intcr- 
Piesident 
ions  bur- 
iitly  hope 
)c  sblc  to 
ive  State, 
le  to  with- 
lie  Consti- 
eat  coiiso- 
ia,  by  your 
le  to  repel 
ions  worse 
compelled 
^nec  would 

iS. 


into  "f/ie 
ill  never  be 
a  struggle. 
linous  mea- 
iinped  Willi 
(m1  to  tlieir 
led  different 
nns  and  ve- 
)y  a  Ib'itisli 
lirn  lo  their 

lo  tyi-auny, 
}\  despatch.    ^ 

auses  of  tlie 
so  lucid  null 
M'sy  IT  spec  I - 
1^11*  ilnims  to 


their  own  seamen  from  our  merchant  service^  so  con- 
formable to  the  law  and  usages  of  nations,  tliat  we  can 
only  respouu  your  sentiments  upon  tiiese  subjects. 

.By  the  correspondence  between  the  French  and 
American  Ministers,  lately  submitted  to  Congress,  it 
is  most  evident  that  the  nation  has  been  drawn  into  a 
war,  either  by  a  disgusting  imposition  practised  upon 
our  Government  by  the  French  Emperor,  which  it 
comports  not  with  their  policy  to  represent  in  its  true 
colors  ?  or  by  the  concealment  of  a  most  important  fact 
by  our  government,  which  it  was  tlieir  duty  l(»  disclose 
to  the  American  People. 

While  many  of  the  most  upright  and  intelUgent  men 
have  uniformly  believed  and  maintained  that  the  Bri- 
tish Orders  iu'Council  afforded  to  oiu*  eouutry  no  just 
cause  of  war,  the  doubts  of  others  have  prohably  a  risen 
from  divesting  them  of   their  dechired   cliaracter   of 
measures  of  vetaliation  upon  tiie  conduct  ofherenc-  . 
my  ;  all  dispassionate  persons  will  admit  that  this  was 
a  question  of  international  law,  wliich  it  was  not  in- 
ciunhent  upon  Government  to  decidv,  whatever  were 
the  sentiments  <»f  its  individual  members.     It  should 
have  sufficed  for  the  practical  Statesman  to  enquire, 
w  hether  under  existing  circumstances,  tlic  interest  or 
honor  of  the  Country  rendered  war  ino\  itable,  and 
whetiier  on  supposition  of  the  affirnrntiM',  jnsiice  or 
expediency  demanded  the  selection  of  Greal  iU'itain 
fcu'au  enemy. 

ft 

But  the  authors  of  th«  war  ap])oar  lo  have  confined 
their  attention  to  the  first  of  these  questions.  They 
admit,  that  as  the  injuries  inllicted  upon  our  com- 
ruMce  wore  professedly  incidental  to  their  state  of 
hostility  with  each  oliier,  and  were  not  justijied  as 
acts  of  direct  aggression  «ip(Mi  the  i!ag  of  the  United 
States,  it  was  at  least  optional  with  this  Government 


I'  r  t 


30 


to  continue  to  treat  Ihcm  as  of  this  cliaraetcr,  anil  to  op. 
pose  them  by  rcnionstraiice,  until  tlie  national  Iiuuor 
demanded  a  more  decided  and  vigorous  coiiise  of  pro- 
ceeding. But  is  it  not  true  tliat  tlie  unexampled  fury 
and  peculiar  character  and  extent  of  the  Kuropean 
contest — the  power  of  tlie  principal  parties  in  the  war, 
the  complaints  of  adiuinistriition  against  both,  the  re- 
moteness of  our  situation,  and  our  incapacity  of  bring- 
ing into  operation  against  them  any  effective  means  of 
annoyance,  our  destitution  of  competent  fleets  and  ar- 
mies, the  state  of  our  finances  and  the  example  of  other 
nations  ;  is  it  not  true,  that  these  and  other  circum- 
stances combined  to  furnish  the  most  fastidious  honor 
with  a  dispensation  from  ordinary  rules  and  obligations, 
and  a  tair  apology  for  avoiding  altogether,  or  at  least 
for  postponing  until  fully  prepared,  this  last  and  terri- 
rible  resort  of  nations  ?  No  precedent  to  tlie  disadvan- 
tage of  the  country,  and  no  abandonment  of  just  rights, 
could  have  been  inferred  from  tliis  forbearan.ce. 

Besides — in  whose  estimation  was  the  national  hon- 
or endangered?  Were  we  bound  to  dislionor  ourselves 
in  the  opinion  of  Fiance,  that  we  might  preserve  the 
S«od  graces  of  Britain,  or  tr  cmbroilOurselves  with 
the  latter,  tliat  our  chivalrous  spirit  might  be  respect- 
ed by  the  former  ?  Or  were  tlie  unresisting  vassals  of 
French  power  among  the  nations  of  Europe  to  lie  tlie 
arbiters  of  our  honor  ?  Or  was  it  desirable  to  secure 
the  applause  of  other  neutrals  who  would  willingly 
bestow  ujion  us  their  admiration  in  exchange  for  tim 
profit  to  be  derived  fnmi  avoiding  our  examaple  ? 
Certainly  when  the  passions  of  these  evil  times  shall 
have  subsided,  the  American  nation  will  be  convinced, 
as^  the  people  of  Mass.-ichusetts  are  convinced,  Hiat 
this  is  not  a  war  for  honor,  interest  or  ind(»peiidence, 
but  the  miserable  catastrophe  of  a  |)lan  of  p(dicy  found- 
rd  on  the  jiride  of  system,  and  in  hatred  of  one  nation 
and  partiality  to   another— passions  which  in  their 


jiig,  t( 


31 


rtfltoop. 
i\  Iiuiiur 
3  of  pro- 
led  iuvy 
uropeaii 
the  war, 
,  the  re- 
►f  bring- 
neans  of 

and  ar- 
of  other 
ciicum- 
is  honor 
iii;ations, 

at  least 
11(1  terri- 
sadvan- 
it  rights, 


nnl  hon- 

iivselvcs 
crve  the 
es  wiili 
respect- 
issals  of 
[)  l)c  the 
I)  secure 
illiii_2;ly 
for  tlie, 
maple  ? 
es  sliall 
ivinci'd, 
ed,  Uiat 
ndence, 
{ foimd- 
V'  iiaiion 
iti  their 


iuarcii  towards  tlic  great  objects  of  local  aggrandiztf^ 
ment  and  party  power  have  trampled  upon  the  intei'- 
ests  of  the  union,  and  threaten  those  of  New -England 
with  final  destruction. 

Vv^hilc  the  friends  of  a  commercial  policy  in  our  ' 
country  have  reason  to  lament  the  jealousy  and  pre- 
cipitancy, which  have  precluded  us  from  reaping  the 
advantage  of  a  state  of  affairs  which  can  never  be  ex- 
pected to  recur,  the  advocates  for  republican  govern^ 
ments  throughout  the  world  will  deplore  the  lailure  of 
this  last  experiment  of  the  capacity  of  such  govern- 
ments to  shun  the  faults  and  vices*^  incident  t'>  other 
forms.  No  essay  Avas  ever  made  under  circumstances 
equally  favorable.  Aloof  and  distant  from  the  storms 
which  ravaged  Europe,  the  attention  of  mankind  was 
directed  towards  these  Htates,  as  the  sauctuarv  of  the 
oppressed  and  the  chosen  residence  of  libcrtv  and  peace. 
The  harrassed  subjects  of  nti^er  !i;overnme7iis,  whose 
lives  and  fortunes  are  devoted  to  war  at  the  nod  of  a 
master,  regarded  with  envy  the  condition  of  a  great 
people,  who  holding  tlie  sword  in  their  own  hand  would 
not  permit  it  to  be  wielded  for  the  purpose  of  ambition 
or  concjuest,  (»f  vanity  or  revenge. — But  this  delusion 
has  vanished,  and  unless  better  counsels  prevail,  wr 
shall  henceforth  be  distinguished  from  other  repub- 
lics, (udy  by  the  increased  facility  with  wliicii  the 
people  have  surrendf  red  their  interests  and  understand- 
ing, to  their  plausible  and  presumptuous  leaders. 

Admitting  however,  that  our  controversies  with  otli- 
er  nations  had  arrived  to  a  crisis,  which  left  no  alter- 
native but  war,  we  still  most  fully  assent  to  your  E\. 
cellency's  intimation  that  the  selection  of  Great  Eri. 
tain  for  an  enemy  in  preference  to  her  adversary,  can- 
not be  justified.  Tiiat  nation  by  her  superiority  on 
the  ocean,  bad  ellVctually  banislled  from  it  every  bos- 
lilc  ihig.     The  achievements  of  our  naval  heroes  on 


3S 

iliat  clement,  exhibit  satisfactory  tlemonstration  of 
their  native  prowess  and  skill,  and  excite  vain  regret, 
for  the  neglert  to  foster  this  natural  and  precious  safe- 
guard and  ornament  of  the  nation.     Still  it  was  not 
to  be  concealed,  that  in  war,  with  our  disparity  of 
force,  our  commerce  must  become  a  prey  to  our  ene- 
my.    Canada,  far  from  offering  inducements  to  con- 
quest,  would  prove  a  fjital  present,  if  it  should  be  ced- 
ed by  grant.     The  aggressions  of  Britain  were  last 
in  order,  least  in  degree,  and  accompanied  1)y  the  ben- 
efit arising  from  the  convoy  of  our  ships,  and  the 
protection  every  where  afforded  against  l^rench  de- 
nredations.     Her  interests,  in  many  particulars,   co- 
incide with  those  of  our  own  country.     Her  land  was 
the  birthplace  of  our  ancestors  ;  her  religion,  her  lan- 
guage, her  laws,  are  ours  ;  and  her  downfall  would 
draw  after  it  the  destruction  of  civil  liberty  through- 
out  the  world.     If  then  a  preference  was  due  in  en- 
tering  the  lists  for  honor  to  any  nation,  it  was  due  te 
her.  ^  At  peace  with  Great  Britain,  we  should  now 
have  shared  largely  in  the  commerce  of  the  world,  and 
continued  to  be  a  prosperous  and  united  people.     In 
short,  all  the  motives  of  prudence,  justice  and  patri- 
otism, which  are  characteristic  of  sound  policy,  for- 
bade this  unhappy  controversy  in  a  tone  so  loud,  that 
we  are  compelled  to  look  to  other  causes.      These 
may  be  comprised  in  the  fixed  determination  of  those 
who  displaced  the  friends,  and  undermined  the  poli- 
cy of  Washington,  to  retain  power,  and  as  subservient 
to  this  object,  to  cherish  the  prejudices  which  grew 
out  of  the  revolutionary  war,  as  a  convenient  and 
ready  means  of  popular  excitement.     Hence  too  pro- 
bably, the  uniformly  cold,   captious,  and  ungracious 
deportment  towards  one  nation,  and  the  tame  and  tol- 
crant  and  submissive  attitude  towards  another. 


ii 


lUi 


We  are  duly  impressed  hy  your  Excellency's  sug- 
gestion, that  the  extension  of  territorial  limits  was 


'ation  of 
n  regret, 
ous  s^fe- 
was  not 
parity  of 
our  ene- 
^  to  cou» 
d  be  ced- 
^v  ere  last 
the  Ijeii- 
and  the 
piich  de- 
lars,  co- 
la nd  was 
,  her  lan- 
ill  would 
throiiiijh- 
ue  in  en- 
as  due  te 
3uld  now 
orld,  and 
[)ple.     In 
nd  patri- 
dicy,  for- 
loud,  that 
These 
1  of  those 
the  poli- 
ihservient 
hieli  ii;rew 
lient  and 
e  too  pro- 
ingracious 
e  and  toi- 
ler. 


iicy's  sug- 
Imits  was 


f/4. 


never  contemplated  by  the  framers  of  the  Constitution. 
U  the  I'resident  and  Senate  may  purchase  land,  and 
Congi-ess  may  plant  States  in  Louisiana,  they  may 
with  equal  right,  establish  them    on  the  Northwest 
Coast,  or   ni  South    America.     It  may  be  question- 
ed  hereafter,   whether,  after   this  formation  of  new 
btates,  the  adherence  of  the  old  ones  which  dissent 
ed  from  the  measure,  to  the  Union,  is  the  result  of  ob- 
ligation  or  expediency.     And  it  is  evident  that  this 
multiplication    of  new  States,  not  parties  to  the  ori- 
ginal compact  must  soon  be  regarded  as  fatal  to  the 
rights  and  liberties  of  some  of  the  present  members  of 
the  confederacy,  and  consequently  as  an  insupportable 
grievance.      This  extension  of  territory  has  already 
excited  a  spirit  of  aipidity  and  speculation ;  which 
IS  among  the   causes  of  our   present   troubles      By 
means  of  power  thus  acquired,   and  the  operation  of 
ih*^.    constitutional  provision    whereby  three  freemexi 
in  cei;tain  parts  of  the  union,  enjoy  the  same  ])iivi. 
leges  in  the  choice  of  Representatives,  which  in  other 
States  IS  divided  among  live  :  the  influence  of  Mas 
sachusetts  and  of  the  Eastern  States,  in  Die  National 
louncils,  IS  lost,  and  systems  of  commercial  restric 
tion,  of  war  and  conquest,  fatal  to  tlieir  interests,  and 
outrageous  to  their  feelings,  are  founded  on  its  ruins. 

We  arc  aware  that  the  expression  of  these  truths 
which  are  wrung  from  us  by  the  tortures  of  an  unfeel' 
nig  and   unmerited  policy,  will  be  imputed  (J)y  those 
^Wio    are  interested  in  such  a   construction)  to  dis. 
aftection  to  the  union      When   the  Public  Treasury 
has-been  lavished  ])y  Administration,   as   the  price 
ot  tixing  upon  Massachusetts  the  suspicion   and  o- 
dium  of  her  sister  States  ;  calumny  acquires  an  im 
nortance,  which  a  House  of  Representatives  may  no 
tice  without  a  culpable  condescension.     It  is  not  true 
as  your  Excellency  is  a>>are,  ihat  the  £;ood  people  of 
Uns  Commonweallh.   or   of   Ihc  metropolis,   cherish 

S 


jia_ 


ill 


3* 

I 

views  inimical  to  the  continuance  of  tlic  nnion.     Mas- 
sachusetts was  alert  and  decided  in  promoting  the  old 
and  new  confederations  ;  we  remeuihcr  also  that  un- 
der a  wise  Administration,  the  present  Constitution 
was  prolific  in  every  species  of  prosperity  ;  we  know 
that  the  affinities  of  interest  w  hich  ought  to  unite  us 
are  natural,  and  predominate  over  the  artificial  colli- 
sions  which  tend  to  detach  from  each  other  the  mem- 
bers of  the  great  family.     Nor  are  our  intelligent  cit- 
izens  unmindful  of  the  dangers,  dissentions  and  iinal 
insignificance  of  the  component  parts,  which  too  often 
attend  the  dissolution  of  confederated  States.     But 
on  the  other  hand,  we  regard  the  union  as  only  am 
of  the  objects  of  the  Constitution.     The  others  as  ex- 
pressed'in  the  instrument,  are  to  establish  justice,  en- 
sure domestic  tranquillity,  provide  for  the  common  de- 
fence, promote  the  general  welfare,   and  secure  the 
blessings  of  liberty  to  ourselves  and  posterity.     So 
long  as  the  union  can  be  made  the  instrument  of  these 
other  constitutional  «)bjects,  it  will  deserve  the   sup- 
port of  all  tlie  friends  of  their  country.     But  it  is  for 
these  only  that  it  possesses  a  value  in  our  esteem. — 
Without  them  it  would  prove  a  name  and  not  a  charm, 
and  like  other  constitutional  provisions,  r.  fair  subject 
of  amendment.     It  was  not  betraying  an  indiflerence 
to  the  union,   to  protest  against  measures  as   weak 
and  mischievous,  which  their  authors  afterwards  a])an. 
doued  as  mischievous  and  weak.     We  have  asked  for 
an  efficient  protecticui  (o  commerce,  or  that  commerce 
should  be  ])ermitted  to  take  care  of  itself.     Neither 
has  been  granted.  The  portion  of  the  union  which  lives 
by  commerce  is  plunged  in(o  war,  by  those  who  exult- 
in  their  means  of  living  witlumt  it,  claiming  however 
to  be  its  ])est  friends,  and  most  compclent  to  its  regula- 
tion.    Thousands  deprived  of  the  means  of  happiness 
which  endear  either  government  or  country,  remon- 
strate and  com]dain,  and  are  branded  as  Malcontents, 
by  those  who  dispense  seizures,  forfeitures,  penalties 


s3 


8 


1.  Mas- 
g  the  old 
I  tli^it  iin- 
iif^titutioii 
we  know 

unite  us 
cial  colli - 
the  mcra- 
ligent  cit- 
and  final 

too  often 
tes.     But 

only  one 
ivs  as  ex- 
istice.  en- 
mmon  de- 
ecure  the 
M'ity.  So 
lit  of  these 

the  sup- 
li  it  is  for 
esteem. — 
t  a  chavin, 
lir  suhject 
idift ere  lice 
i  as  Aviak 
aids  a])an- 
'  asked  for 
commerce 
Neither 
\\\\c\\  lives 
wlio  exult. 
s;  however 
its  reij;ula- 
'  haiipiness 
ry.  remon- 
ah'-ontcnts, 
^.  peiii 


85 

and  prisons,  as  bounties  tor  the  ciicouragemeiu  aud 
protection  of  commerce. 

The  imputation  of  undue  partiality  to  the  British 
nation  against  the  people  of  our  State,  is  equally  un- 
founded.    The  men  of  Massachusetts  were  the  iirst 
to  resist  the  pretensions  of  Great  Britain—the  blood 
-' Massachusetts  was  the  first  that  moistened  the  soil: 
of  Independence.     Whence  then  this  idle  calumny  ? 
If  the  measures  of  Great  Britain  have  been  injurious 
to  commerce,  have  we  less  interest  than  others  in  its 
welfare  ?  If  American  seamen  have  been  impressed, 
does  not  the  num])er  of  our  seafarins;  citizens  exceed 
that  of  any  other  State?  If  Great  Britain  could  be 
proved  to  be  jealous  of  the  prosperity  of  the  United 
States,  is  not  ours  a  country  whose  merchants  and  car- 
riers  must  be  the  immediate  objects  of  competition  ? 
It  was,  among  other  reasons,   to  preserve  tlie  impor- 
tance of  our  country  and  commerce  in  the  view  of  G„ 
Britain,  and  to  prevent  the  exposure  of  weak  and  vuh 
nerable  points  :  it  was  to  cover  the  folly  and  self-con 
ceit  of  visionary  statesmen,  that  we  opposed  the  mea- 
sures which  led  to  war,  and  that  we  are  now  anxious 
tor  peace.     We  foresaw  that   a   commercial  warfare 
With  Great  Britain  would  be  unecpial,  and  that  the  sys- 
tern  of  restiictious  would  recoil  ujion  ourselves  ;  n'ud 
most  sincere  would  have  been  our  joy  to  have  di'sco^ . 
ered  and  acknowledged  the  fallacy  of  our  predictions. 

We  shrink  from  an  anticipation  of  the  probable  con 
sequences  of  a  protracted  warfare,  to  the  welfare  of 
our  country,  and  we  rejoice  in  every  glimpse  however 
feeble  of  returiiing  peace.  A  negociation  is  announc- 
ed as  intended  to  be  attempted  in  Russia.— The  scene 
is  distant,  and  the  delay  apparently  needless.  We 
have  however  no  disposition  to  impede  its  progress,  or 
by  any  measure  to  incur  the  charge  of  weakeningHie 
hands  of  thos  j  who  have  gone  .o  far  to  effect  wha't  we 


t.' 


9» 


believe  might  be  done  with  greater  ease  and  prompt- 
ness nearer  home,  and  whatever  may  be  our  fears, 
we  devoutly  pray  that  the  event  may  be  peace.  We 
are  betterreconciled  to  wait  this  issue  in  patience,  as 
events  have  diminished  the  present  danger  of  a  French 
Alliance,  a  measure  so  pregnant,  with  every  evil,  and 
so  utterly  revolting  to  the  sentiments  of  our  people, 
that  we  trust  no  administration  will  persist  in  projects 
tending  to  such  an  issue. 

To  all  the  subjects  recommended  by  your  Excel- 
lency, we  shall  pay  a  prompt  attention,  and  endeavor 
to  terminate  the  session  with  all  possible  regard  to  the 
exigencies  of  the  season; 


*;i 


CY, 


prompt- 
ur  fears, 
ce.  We 
tience,  as 
a  French 
evil,  and 
V  people, 
I  projects 


r  Excel- 
endeavor 
a,rd  to  tke 


COMMONWEALTH  OF  MASSACHUSETTS. 


IN  THE  HOUSE  OF  REPRESKNTATIVES,  JUNE  4}  1813. 

ORDERED,  That  Messrs.  Thatcher,  War^ 
ren,  Lloyd,  Boston,  Hall,  Williamstown,  Bates, 
JSTcrthampton,  with  such  as  the  Hon.  Senate  may 
join,  be  a  Committee  to  consider  so  much  of  His  Ex- 
cellency's Speech  as  relates  to  ^^  an  extension  of  our 
territorial  limits"  and  forming  new  States  without 
the  territorial  limits  of  the  United  States,  with  leave 
to  report  by  bill  or  otherwise.  Sent  up  for  concur- 
rence. 

TIMOTHY  BIGELOW,  Speaker. 


IN  SENATE,  JUNE  4,   1813. 

Read,  and  ooncun-ed,  and  the  Hon.  Messrs.  Quin 
CY,  AsHMUN,  and  Fuller  are  joined. 

JOHN  PHILLIPS,  Preeident 


The  Committee  appointed  to  consider  "  so  much  of  His 
Excellency's  Speech  sis  relates  to  an  extension   of  our  terri- 
torial limits  "  and  forming  new  States  without  the  territorial 
limits  of  the  United  States," 
RESPECTFULLY  REPORT-^ 

That  they  have  considered  the  subject,  commit- 
ted to  their  investigation  with  tlie  attention  and  solic- 
itude, which  its  nature  and  importance  demand.    Ou 


38 


I  i 


I  i 

'I 


the  one  eide,  they  have  been  careful  to  give  full 
weight  to  ail  the  obligations,  which  are  due  from  the 
people  of  Massachusetts  to  the  people  of  the  United 
States  ;  as  resulting  from  tlie  federal  compact.  On 
the  other,  it  has  been  tlieir  study  not  to  forget  the  du- 
ties, which  a  powerful  and  independent  state  owes  to 
itself  and  posterity  ;  on  occasions,  when  great,  con- 
stitutional, principles  arc,  deliberately,  violated.  On 
occasions  of  this  kind,  in  the  opinion  of  your  Com- 
mittee, the  duty  of  a  people  is  as  plain,  as  it  is  impe- 
rious. The  beginnings  of  manifest  usurpations  arc 
never  to  be  neglected  ;  since  silence,  on  the  part  of 
the  people  is,  always,  taken  as  accpiicscence  by  the 
advocates  of  usurpation.  What  power  seizes,  witli- 
out  right,  to-day,  it  holds,  tomnrro\v,  by  precedent ; 
and  the  day  after,  by  prescription.  A  wise  people, 
therefore,  will  always  canvass  every  new  pretension 
of  power  at  the  threshold ;  being  assured  that  the 
liberties  of  a  people  have  nothing  to  fear  from  vigi- 
lance, and  every  thing  from  apathy.  Nm*,  in  the 
opinion  of  your  (^ommittee,  will  a  wise  people  refrain 
from  such  an  examination  because  the  nature  of  the 
usurpation,  or  the  circumstances  of  the  period,  may, 
in  the  judgment  of  some,  render  farther  measures  un- 
timely. Much  is  gained  to  liberty,  by  a  distinct  as- 
sertion of  the  constitutional  principles,  on  which  it 
rests.  And  a  people  mny  lose  by  being  ignorant  of 
their  rights,  but  never  by  understanding  tlicm. 

In  entering  upon  (his  investigjttion,  your  Commit- 
tee have  not  omitted  to  consider  the  reasons  for  pres- 
ent  acipnescence,  hi  violations  of  the  Constiuition, 
drawn  from  the  particular  embarrassments,  resulting 
from  the  war,  and  the  encouragements,  which  the  en- 
emy may  receive  from  any  evidence  of  discontent,  at 
the  present  moment,  among  the  states  ;  uv  among  the 
people.  They  have  given  this  sug2;esti(m  all  the  at- 
tention it  appeared  to  merit.  Hut,  in  theii'  opinion, 
this  objection  has  the  less  weight,  inasnuich  as  the 


!» 


i  I  P-J    I 


39 


f' 


particular  subject  of  auimad version  is  independent, 
altogether,  of  the  principle  of  the  war  ;  so  far  as  this 
principle  is  known.  Besides,  it  would  be  little  else 
than  a  bounty,  on  foreign  war,  if  domestick  usurpa- 
tion should  Und  in  it  a  shield,  or  a  sanction.  Your 
Committee  have  given  this  consideration  the  less  im- 
portance from  the  conviction,  they  entertain,  that  the 
American  people  may  have  peace,  whenever  the  ad- 
ministration of  the  general  government  shall  seek  it, 
witii  a  sincere  disposition  for  its  attainment. 

As  your  Committee  have  deemed  it  their  duty  not 
to  be  restrained,  by  such  temporary  considerations, 
from  a  deliberate  and  publick  examination  of  the 
subject  submitted  to  their  in(piiry,  so,  also,  they  liavc 
uot  been  disposed  to  connect  this  great,  constitutional 
cjuestion  with  the  transient  calamities  of  the  day,  from 
which  it  is,  in  their  opinion,  very  apparently,  distin- 
guished, both  in  its  cause  and  its  consequences.  In. 
(he  view,  therefore,  they  are  about  to  present  of  this 
great  constitutional  r|uestion,  they  have  confined 
themselves,  strictly,  to  topicks  and  arguments  drawn 
IVoni  the  terms  of  the  Constitution,  and  the  history  of 
Ihe  period,  at  which  it  was  adopted  ;  and  with  a  ref 
erence  to  fulfil  their  duty  to  their  country  and  poster- 
i(y,  by  a  distinct  avowal  of  their  opinions  and  the 
gnuiinls  of  them,  with  the  hope  of  limiting  the  iarthev 
progress  of  tiie  evil,  rather  than  any  expectation  of  im- 
medinte  relief,  during  the  continuance  of  the  existing 
inllueuces  in  the  national  administration. 

'Fhe  (pu'stion,  touching  the  admission,  into  the 
Union,  of  states,  created  in  territories,  lying  without 
llie  ancient  limits  of  the  United  States,  has  lieen  con 
sidered,  by  your  Committee,  in  relation  to  constitu- 
tional iH'inciples  and  political  consequences.  By  an 
Act  of  the  Congress  of  the  llnited  States,  passed  the 
8th  day  of  April,  1813,  entitled,  ^'  an  Act  for  i\n\  ad- 
mission of  the  Slale  of  Louisiana  into  the  l^nion  and 


411 


m 


to  extend  the  laws  of  the  United  States  to  the  said 
State,"  the  said  State  of  Louisiana  was  admitted  in 
to  the  Union  on  an  equal  footing  with  the  other  States. 
This  act  was,  in  the  opinion  of  your  Commiltee,  a 
manifest  usurpation  by  the  Congress  of  tlie  United 
States  of  a  power  not  granted  to  that  body  by  the  fed- 
eral Constitution.     The  State  of  Louisiana  was  form- 
ed, in  countries  situated  beyond  the  limits  of  the  old 
United  States  ;  according  as  tliose  limits  Avere  estab- 
lished by  the  treaty  of  Paris,  commonly   called  the 
Treaty  of  Peace,  in  the  year  178-3  ;  and  as  they  ex- 
isted, at  the  time  of  the  formation  and  adoption  of  the 
federal  Constitutioii.     And  the  position,  which  your 
Committee  undertake  to  maintain  is  tliis,   tiiat  the 
Constitution  of  the  United  States  did  not  invest  Con- 
gress with  the  power  to  admit  into  the  Union,  States, 
created  in  territories,  not  inclnded  within   the  limits 
of  the  United  States  ;  as  they  existed  at  the  peace 
of  1783,  and  at  the  formation  and  adoption  of  the 
Constitution.    Your  Committee  are  thus  particular,  in 
stating  with    | precision,   the   constitutioiuil    ground, 
which  they  maintain,  because  tlie  doctrine,   here  as- 
serted,  has  been   confounded,  sometimes,    artfully, 
sometimes,  negligently,  with   the  questions,  which 
have  arisen,  concerning  the  admission  of  Kentucky, 
Vermont,   Ohio  ;  or  which  may  arise,  on  the  admis- 
sion of  new  States,  to  he  created  In  the  Michipm,  In- 
diana  or  Illinois  territories.     With   none  of  which 
has    the   question,    now    under    consideration    niiy 
affinity.       These  last   mentioned   Stales    and  terri- 
tories all  lie   irithin   the  old  limits   (f  the    United 
States,  as   settled  by  the  Treaty  of  Peace,  nnd  as 
existing  at  the  time  of  the  formation  and  adojiticm 
of  the  federal  Constitution.     JS^ow  the  Stale  of  Lou- 
isiana lies  icithml  those  limits;  jind    on    this   dis- 
tinction the  whole  qnestion  of  constidilional  rii^ht  de . 
pends.     The  power,  assumed  by  Coni;ress,  in  pass- 
ing this  act  for  ihe  admission  of  LouisiauM,  if  acqni- 
rsced  in,  is  phiuily  a  power  tu  adtnit  nrw  Staler,  iu. 


41 

to  tliis  Union,  at  their  discretion,  without  limit  of 
place  or  country.  Not  only  new  States  mlj  be 
carved,  at  wr  1,  out  of  the  boundless  regions  ol' Lou! 

S'^f'jr'  ''fr''"^^'  '""'r'  of  Southimericarin 
deed,  of  the  globe,  js  a  sphere,  within   which  it  mav 

limit  than  such  as  Congress  may  choose  to  impose 
on  its  own  discretion.  impose 

Your  Committee  have,  in  vain,  looked  for  any 
clause  ,n  the  Constitution  of  th^  United  StaJes^ 
granting  such  a  power.  In  the  first  place,  the  par! 
tics,  associating,  are  delared  to  be  ^^the  veovle  offhp 

sKt^dit'";:  7'  '^^  ^'^j"^^  1  ^»-  asScSfl': 

.tated  to  be,     to  form  a  more  perfect  union,  establish 
justice,   insup  domestick  tranquillity,  provide  for 

f  !r'^r''//''^'"''^^r^'""^'  ^/,,  genemlielfare  and 
secure  the  hlesstngs  of  liberty  to  ourselves  Ind  our 
I'osTEujTv.-  Y^,ur  Committee  deem  themselves  au 
honzed  to  assert  without  fear  of  contradiction,  that 
by  the  terms  yhe  people  of  the  United  States^^- 
JJ!Z'-T I'-r'^  ^''\Vo^terity,''  were  intended  the 
people  inhabiting  and  who  should  inhabit  the  States 
and  territories  l>-ing  within  the  limits  of  the  Unit- 

'p.^i^*?''  ^f  ^^  ^^«»:«  established  by  the  treaty, 
of  1/83  ;  and  as  they  existed  at  the  time  of  the  form- 
nlion  and  adoption  of  the  federal  Constitution  ;  and 
hat  none  ot  the  terms  of  the  Constitution  indicate 
<  u  Idea  that  toreign  states,  or  kingdoms,  or  new 
states,  created  in  their  territories,  could  be  admitted 
Mito  a  participation  of  its  privilc-es. 

Indeed  it  is  not  pretended,  as  your  Committee  un- 
derstand, by  the  advocates  of  this  usurpation,  that  it 
has  any  colour  ol  justification,  in  the  terms  of  the  Con- 
stitution,  I.  dess  it  be  in  the  third  Section,  of  its  fourth 
Article.     1  he  tenor  of  which  is  as  follows  :-^ 

a 


in 


■1  m 


r 

'IN- 


SECT. 3.  ••  NcAV  States  may  be  adinitteil  by  the  Oon. 
"  cress  into  this  Union ;  but  no  New  State  sjjall  be' 
*^  formed,  or  erected  witliin  tlie  jurisdiction  of  any 
"  other  state  ;  or  auy  state  be  formed  by  tlie  junction 
<*  of  two,  or  more  states,  or  part  of  states,  without  the 
'^  consent  of  the  Le^^'islatures  of  tlic  states  concerned 
"  as  well  as  of  the  Congress. 

^*  The  Congress  shall  liave  power  to  dispose  of, 
^'  and  make  all  needful  rules  and  regulations  respect- 
*^  ing  the  territory,  or  other  property,  belonging  to  the 
*•  United  States  :  and  notliing,  in  this  Constitution, 
*^  shall  be  so  construed  as  to  prejudice  any  claims  ol 
<•  the  United  States,  or  of  any  particular  state.'' 

Upon  this  section,  your  Committee  observe,  that, 
w  ithout  reference  to  the  kiu)wn  condition  of  the  Unit- 
ed States,  and  the  history  of  the  times  when  the  Con- 
stitution was  adopted,  if  the  terms  of  this  section  be, 
alone,  considered  and  examined  by  those  rigid  and 
approved  rules  of  construction,  recognized  on  similar 
occasions  and  relative  to  otlier  instruments,  the  terms 
do  not  authorize  the  power,  which  lias  been  assumed, 
but,  on  the  contrary,  do  strongly  and*almost,  necessa^ 
rily,  imply  that  no  power  was  granted  to  admit  states, 
created  in  territories,  without  the  limits  of  the  old 
United  States. 

The  section  contains  the  grant  of  an  authority  and 
expresses  certain  limitations  to  tliat  grant.  Tlie  first 
clause  of  the  secticm  *'  New  States  may  I)e  adnuited, 
by  the  Congress  into  this  union"  is,  indeed,  very  brcuid 
and  comprehensive :  and  had  there  been  no  objects, 
within  the  old  boundaries  of  the  United  Stales,  suffi- 
cient to  exhaust  the  Avhole  force  of  the  terms,  scnne 
doid)t  might  result  upon  the  subject.  Yet,  even,  in 
such  case,  it  would  seem  incredif)le  (hat  an  associa- 
tion of  states,  forming  a  constitiiiiou  for  purposes,  ex 


43 

clufeively,  their  own,  sliould  transfer  the  powev  to 
Congress  of  admitting,  at  will,  into  a  participation  of 
their  rights  aiul  privileges,  any  state,  ov  kingdom,  m 
any  par  of  the  globe  without  expressing  any  limita- 

nml  tmLr""'""      '  ^"''"''  ^"  '^  ^^^*"^"^>^«  Sreat 

Happily,  however,  we  are  not  reduced  to  the  ne- 
cessity  of  supposing  such  an  absurdity.  The  fact  i« 
notorious  and  undeniable,  that  the  terms  relative  to 
he  admission  ot  New  States  had  objects,  within  the 
l^fojthe  old  United  States,  suffi'cient^ol;  W 
the  lull  lorce  of  those  terms,  so  that  there  is  no  neces 
sity  to  resort  to  the  creation  of  states,  icithoiit  the  an', 
tient  limits,  in  order  to  give  efficacy  to  them  On  tlm 
contrary,  every  limitation  of  the  power,  contained 
in  this  section  shows,  that  no  other  operation  of  it  wis 
jtemplated  except  irithin  the  old  limits  of  the  U^r}" 
ed  States.  Ihese  limitations  are  relative  to  staten 
jormed,  or  erected  within  the  jurisdiction  of  any  other 
state  ',-^to  states  formed  by  the  junction  "of  two.  or 
more  states  a.  j^arts  of  states  ;^to  the  disposal  and 
regulation  oj  the  territon/,  or  proper t if  of  the  United 

flfrr  '7lV.  r'^^'"^"«^'««  in  favour  of  any  claims  of 
the  United  States,  or  any  particular  state.  "^ 


Now  IS  It  to  be  believed,  that  a  power  to  create  and 
admit  states,  beyond  the  antient  boundaries  of  the 
United  States  was  granted  to  Congress,  absolutelv 
without  any  limits,  while  the,  comparativelv,  unim' 
portant  power  of  creating  states,  within  the  antient 
boundaries  is  guarded  by  so  many  ainl  so  strict  llmi 
tationw  .H  Had  the  admission  of  New  States,  to  be 
tormcd  in  countries,  then  the  parts  of  foreign  and  dis- 
tant kingdoms,  been  contemplated,  would  not  some 
terms  have  indicated  the  conditions,  the  principles  or 
occasions,  on  whicli  such  annexation  of  a  mass  of 
Joreigners,  with  thejr  toriitories  should  take  plnco '-» 


4 


fr.; 


44 


In  the  opinion  of  your  Committee  the  entire  abgenco 
of  any  such  restriction  is,  of  itself,  conclusive  evi'lence 
that  such  admission  of  foreign  countries,  far  from 
being  oj  teraplated,  was  not  so  much  as,  even,  con- 
sidered <  ssible,  by  the  framers  of  the  constitution, 
or  by  the  people  at  the  time  of  its  adoption. 

The  situation  of  the  United  States  and  the  history 
of  the  times,  when  the  constitution  was  adopted, 
strongly,  corroborate  tliis  idea;  indeed,  in  the  opinion 
of  your  Committee  render  it  so  absolutely,  demonstra- 
ble  as  to  amount,  in  their  minds,  to  certainty. 

Such  was  the  situation  of  the  United  States,  at  the 
time  of  the  adoption  of  the  constitution,  that  tlie  ad- 
mission of  new  states,  in  countries  beyond  the  old 
limits  of  the  United  States  does  not  appear  to  have 
been  contemplated  as  an  event  probable,  or  even  pos- 
sible.    On  the  contrary,  the  writings  of  that  period 
and  the  debates  of  the  various  meetings  and  conven- 
tions, assembled  for  tlie  purpose  of  considering  the 
constitution  show,  that  the  extent  of  tlie  United  States, 
even  within  its  antient  limits  was  one  of  tiie  principal 
objections  to  tlie  practicability  of  the  proposed  con- 
stitution, within  those  limits.     Your  Committee  have 
in  vain  sought  in  the  history  of  the  discussions  of  that 
period,  for  the  expression  of  any  opinion,  either  by 
way  of  reason  in  favour,  or  agaiiist  the  constitution, 
that,  by  any  possibility,  it  might  be  susceptible  of  that 
construction  of  late  given  to  it,  and  to  which  they  ob- 
ject.    The  idea  does  not  seem  to  have  entered  into 
the  mind  of  any  one  that  it  was  possible  that  such  a 
construction  could  be  given,  and  for  the  reason  above 
suggested,  that  the  extent  of  the  country,  as  at  that 
time  existing,  was  urged,  and  admitted  on  all  sides  to 
be  one  of  the  most  forcible  objections  to  the  practical 
bility  of  the  experiment. 


i 

I 


It  is  well  known  that  to  secure  the  union  of  the  thir. 
teen  primitive  states,  and  the  advantages  thence  result 
m  were  the  main  objects  o^  ihe  federal  c^sti  Xn: 

10  this  was  added  the  design  of  admitting  such  othe^ 
stales  as  might  arise  in  their  own  bosoms   or  in  ter 

S'st:l"'''li""r  ^*^^  S---lS:'onhe  old 
United  States.  By  the  proceedings  of  the  old  Con- 
gress,  subsequent  to  the  peace  of  1783,  it  appears  that  it 
was  m  contemplation  to  create  and  admit^sUtes  with 

ed  witr  L  ''r^f  United  States,  and  not  i^dud- 
ed  within  the  particular  boundaries  of  anv  state  But 
Jl^ears  nowhere,  that,  subsequent  to  t^fp  ace  of 

ihfZJi  '\'  ^'VTfPf/^nt  t«  Jom  Committee,  that 
tlie  power  to  admit  states,  created  in  territories   be 
yond  the  limits  of  the  old  United  States  irlne'f  th^ 
HnL        ^  ^'''^  important,  whether  we  consider  its 

11  fi"  ""'./     ^«"««fi»ences.     It  is,  in  truth,  nothing 

fnlif  It        ^'^''^'f.  ^"  '''^*'  "^  ^^*'^^§n  countries,  new 
political  sovereignties,  and  to  divest  the  old  United 
fetates  of  a  proportion  of  their  politic-1  sovereientv, 
miVvourof  such  foreigner.     l{  is  a  power,  Xh 
1.1  the  op.nmn  oi  your  Committee,  no  wise  people  ev 
er  would  liave  delegated,  and  which,  they  are  per- 
suaded  the  peop  e  of  the  United  States,  and  certain- 
ly,   he  people  of  Ma^  .chusetts,  never  did  delegate. 
1  he  proportion  of  the  political  weight  of  each  foi^eign 
State,  composing  this  union  depends  upon  the  num. 
her  ol  the  States,  wliicli  have  aVoice  under  the  com- 
pact,     riiis  number,  the  Constitution  permits  Con- 
gress  to  multiply  at  pleasure,  within  the  limits  of  the 
original  States,  observing,  only,  the  expressed  limita- 
i2^   " .  »•«  ^ons  itution.     To  pass  these  limitations 
and  admit  States,  beyond  the  antient  boundaries,  is,  in 
iho  opinion  of  your  Committee  an  uwirpation,  as  dan- 


m 


im 


«; 


m^ 


0 

gei*ous  as  it  is  manifest ;  inasmuch  as  these  exterior 
Htates  after  being  admitted  on  an  equal  footing  with 
the  original  States,  may,  and  as  they  multiply,  cei-- 
tainly  will  become,  in  fact  the  arbiters  of  the  desti- 
nies of  the  nation  ;  by  availing  themselves  of  the  con- 
trariety of  interests  and  views,  which  in  such  a  confed^ 
eracy  of  States,  necessarily,  arise,  tJiey  hold  the  bal- 
ance  among  the  respective  parties  and  govern  the 
^tates,constitutionally  composing  the  Union,  by  throw- 
ing their  weight  into  whatever  scale  is  siiost  conforma- 
ble to  the  ambition  or  prpjects  of  such  i'oreign  states. 

Your  Coir  .littee  cannot,  therefore,  ]}ut  look  with 
extreme  regret  and  i-cprobation  upon  the  admission 
of  the  territory  of  Louisiana  to  an  equal  footing  witli 
the  original  and  constitutionally  admitted  States  ; 
and  they  cannot  but  consider  the  principle,  asserted 
by  this  admission  as  an  usurpation  of  power,  portend- 
ing the  most  serious  conse(juences  to  the  perpetua, 
tion  of  this  union  and  the  liberties  of  the  American 
people. 

Although   the  character  of  this  usurpation  and  its 
ultimate  consequences  ought,  naturally,  to  excite  an 
extreme  degree  of  ularm,  in  this  quarter  of  the  coun- 
tiy,  as  it  indicates  that  ^ew  and  unconstitutional  ar- 
biters, remote   from   our  interests   and   ignorant  of 
them,  are  admitted  into  the  union,  yet  the  nature   of 
the  remedy  is,  in  the  opinion  of  your  Committee,   a 
subject  of  much  more  difficulty  than  the   certainty  of 
tbc  mischief.     On  the  one  hand,  it  is  the  duty  of  a 
free  and  wise  people  to  meet  eFicroachments  upon  the 
principles  of  their  constitution  in  their  first  beginnings, 
and  to  give  no  sanction  to  the  continuance,  or  repeti- 
tion of  such  violations,  by  tameness  or  acquiescence. 
On  the  other  hand,  they  nre  sensible  that  the  people 
of  Massachusetts,  oppressed  by  the  burden  of  an  un 
just  and  unneces^iaiy  war,  are,' at  this  momeni,  iintiir. 


exterioi' 
iug  with 
ly,  cei'- 
le  desti- 
tlie  cou- 
coiifcd- 
ihe  bal- 
ern  the 
Y  throw- 
nforma- 
states. 

)k  with 
mission 
li?  witli 
States  ; 
Lsserted 
ortend- 
rpetua, 
nerican 


and  \i% 
Lcitc  au 
i  couii- 
nal  ar- 
•ant   of 
lure  of 
ttee,   a 
iiity  of 
y  of  a 
>oii  the 
miiigs, 
rcpeti- 
iceiice. 
people 
ail  nil' 


47 

ally,  more  solicitous  about  instant  relief  from  existin- 
Auilermss,  than  about  the  distant  consequences  of  no"! 
litical  usurpation.  Nevertheless,  in  tlie  opinion  of 
your  Committee,  the  Legislature  of  Massachusetts 
^  owe  It  to  themselves,  to  the  people  of  this  State  and 
to  future  generations,  to  make  an  open  and  distinct 
avowal  of  their  sentiments  upon  this  topick,  to  the  end 
that  no  sanction  may  api)ear  to  be  derived  from  their 
silence ;  and  also  that  other  States  may  be  led  to 
c-onsn'or  this  intrusion  of  a  foreign  State  into  our 
conleuoracy,  under  this  usurped  authority,  in  a  con- 
stitutional  point  of  view,  as  well  as  in  its' consenuen- 
res  and  that,  thcre])y,  a  concurrence  of  sentiment 
and  a  coincidence  of  councils  may  result ;  wliencc 
alone  can  be  hoped  a  termination  of  this  ursurpation  : 
i-n.m  it  '  ^'*"'^'  '''"'*'  apparently,  about  to  flow 

Your  Committee,  therefore  propose  for  the  adoption 
01  tlie  Le-islature  the  followin-  resolutions. 


Resolved,  as  the  sense  of  this  Legislature,  that  the 

.n^mission  into  the  uni')n,  of   States,  created'in  coun- 

iies,  not  comprehended  within  the  original  limits  of 

he  United  States  is   not  authorized  by  the  letter,  or 

the  spirit,  of  the  federal  Constitution. 

Rcsohed,  That  it  is  the  interest  and  dut.y  of  the 
people  of  Massachusetts  to  oppose  the  admission  of 
such  States  into  the  Union  ;  as  a  measure  teiidiii"-  to 
the  dissolution  of  the  confederacy.  ♦  ^ 

Resolvpd,  That  the  Act  passed  the  eidiih  day  of 
April,  18|  2,  entitled  '^  An  act  for  the  adndssion  of  the 
State  ol  Louisiana  into  the  Union  and  to  extend  the 
Javys  of  the  United  States  to  the  said  State''  i> ,  in  the 
opinion  d  Uiis  Legislature,  a  violation  of  the  Consti- 
tution of  the  United  States  ;  and  that  the  Senators  of 
tins  .^tate   in  Congress  be  instructed,  and  the  Rep. 


imn 


\|: 


■  'Mr 


i 


48 

resentatives  thereof  requested,  to  use  their  utmost  en- 
deavours to  obtain  a  repeal  of  the  same. 

jResoliyed,  That  the  Secretary  of  this  Common^ 
wealth  be  directed  to  transmit  a  copy  of  these  Reso- 
lutions to  each  of  the  Senators  and  Representatives 
of  this  Commonwealth  in  the  Congress  of  the  United 
States. 

By  Order, 

JOSIAH  QUINCY. 

IN  THE  HOUSE  OF  REPRESENTATIVES,  JUNE  15,    1813. 

Read  and  accepted.      Sent  up  for  concurrence. 
TIMOTHY  BIGELOW,  Si)eaker. 

* 

IN  SENATE,  JUNE  1 6,  1813. 

Read  and  concurred. 

JOHN  PHILLIPS.  P;r.5/(/&7?f. 


m 


COMMONWEALTH  OF  MASSACHUSETTS. 

t»  THE   HOtlSE  OF  REPRESENTATIVES,  JUNE  4,  181J. 

ORDERED,  That  Messrs.  Bates,  of  Mrth. 
nmpton,  Sabgent,  of  Boston,  Sp^r,  of  Charletm, 
an,  Preble   of  Portland,  be  a  Committee,  with  sucl 
as  the  Hop.  Senate  may  join,  to  consider  so  much  of 
us  Excellency's  Speech,  as  relates  to  the  defence. 

wu  <:':u.ctrs"e! ''' '""''' """  '^'^^  *°  -P-'  "y 

Sent  up  for  concurrence. 

TIMOTHY  BIGELOVV,  Speaker. 

IN  SENATE,  JUNE  4,    181S, 

Read  and  concurred,  and  the  Honourable  Messrs, 
TiioRNDiKE,  Welles  and  Read,  are  joined. 

TOHN  PHILLIPS,  President 


The  Committee,  appointed  to  consider  so  much  of  his  Excel- 
ly'sSpeechjCs  relates  to  the  defenceless  state  of  our  sea  coast, 
requests  permission  to  report : 

That  they  h  .^9.  given  the  subject  all  the  consider- 
ation, which  importance  of  its  nature  and  the 
alarm  and  anxiety  of  the  publick  required.  It  can 
hardly  be  necessary  for  your  committee  to  state,  that 
one  of  the  primary  objects  of  the  federal  compact,  was, 
to  provide  for  the  common  defence.  In  the  preamble 
to  the  constitution,  it  is  expressly  assigned,  as  one  of 
the  great  purposes,  for  which  the  union  was  formed 
7 


5       •'■! 


im\ 


^•ifi 


!;; 


00 

Accordingly  the  respective  states  sur  '^lulered  to 
the  general  government,  all  the  powers,  which  wore 
deemed  necessary,  for  the  accomplishment  of  this  ob- 
ject; the  right  to  declare  war  and  make  peace;  the 
right  to  raise  and  support  armies ;  the  right  to  pro- 
vide and  maintain  a  navy  ;  and  the  right  to  lay  and 
collect  taxes,  duties,  iind  imposts,  as  the  exigencies 
of  the  publick  miglit  require.  At  the  same  time,  tiie 
states,  relying  upon  the  general  government  for  pro- 
tection, formally  divested  themselves  of  the  substan- 
tial  powers  of  preparing,  in  time  of  peace,  for  their 
individual  defence,  in  time  of  war. 

Bat  your  committee  are  compelled  to  say,  that,  in 
their  apprehension,  this  provision  of  *'  °  constitution 
has  not  been  complied  with  in  relati  .i  to  this  com- 
monwealth. Massachusetts,  possessing  a  sea  coast 
of  nearly  six  hundred  miles,  with  about  one-tiiird  of 
the  tonnage  of  the  union  lying  at  her  wharves,  and  a 
frontier  of  fourhundred  miles,  bordering  upon  the  hos- 
tile provinces  of  New-Brunswick  and  Lower  Canada, 
is  exposed  at  every  point  and  open  to  the  depreda- 
tions and  ravages  of  the  enemy,  as  revenge,  rapacity, 
or  caprice,  may  dictate.  It  might  have  been  expect- 
ed, not  merely  as  the  result  of  an  express  provision 
of  the  constitution,  but  as  the  dictate  of  a  wise  and 
liberal  policy,  that  the  old  commercial  states,  who 
achieved  the  revolution,  and  who  have  contributed 
more  than  their  full  shares  towards  tlie  support  of  the 
general  government,  would  not  be  abandoned  for  the 
conquest  of  a  territory  not  worthy  ]  ossessing  as  a 
gift.  Nevertheless  your  committee  iin<  ,  that  as  dan- 
gers have  accumulated,  the  garrisons  upon  your  sea 
board  have  been  reduced,  and  the  commonwealth  is 
given  over  to  her  fate,  when  alone  a  provision  for  the 
common  defence  becomes  of  any  practical  import- 
ance. 


ii 

to,i..ti,y  this  eoXr  ItZtZZtiT^' 
coiniuoM  defence,  it  may  well  I  PiL  •  T  ^'^  "'^ 
value  is  it  to  th'e  nconfe  ^  If  th,f  1  ?■"•'  "^  '"••»' 
withheld  in  ti„,e  of  wTth.   "iv  If '^?"r  """^  ''« 

Most  governments,  both  in  antient  ^nrl  ^    i 
times,  have  availed  themselves  of  fl  ?^  ""'5'^'''' 
peace,  to  pre])are  for  mZ  I    i\     i  intervals  of 

ivoid'orpLi^uVuNvt   ^uec^s'^kT^^  ^^ 

peace,  to  re  establ  sh  in  w    '  f,"''  ''f  "^  ^"''verted  in 

select  Tetlte'..  an    ir"'''"''""  '"  ""^  ^'"■-     '1'° 

;  efn  n  *''?,  l'!;»P>«  »f  "'i'*  commouwealthrhorihey 
are  to  provide  for  present  defence  and  future  security^ 

deScVare!  '""""""  '""^  '^l'J>™^'=<' »-^'"'«  of  national 


:i' 


1st    Bv  regular  and  permanent  fortifications  gar- 
risoi^d  by  relular  and  ^ell  disciplined  troops. 

Sdly.  By  an  adequate  number  of  vessels  of  war,  and 
3dly.    By   temporary  fortifications  and  batteries 
with  the  aid  to  be  derived  from  the  militia. 

Neitlier  the  first  nor  second  method  can  be  car^^^^^^^ 
into  efiect  in  season  for  the  emergencies  of  ilie  pieseni 
var  They  are  obviously  beyond  the  reach  and 
neans  of  this  state.  But,  in  the  opinion  of  jrour  com-^ 
See,  it  is  doubtful  whether  we  have  the  right  to  lit 
^ut  V  ssels  of  war  by  the  authority  and  -der  he  c^3m^ 
mission  of  the  commonwealth.  If  the  c  -  uct  of  the 
~nment  of  the  United  States^     coi       ,  ui  send- 

l^rftom  the  coast  the  publick  shi;  w  ",  and  ne- 

"lectins;  to  provide  and  substitute  .  r       .  vessels  m 
their  Ice,  it  ought  at  least  to  be  doubtful  whether  it 
would  be  Expedient.     But  if  we  have  the  right,  your 
committee  would  enquire,  whether  it  be  a  right  which 
oS  to  be  exercised  in  tlie  present  u.vjust  and  destruc- 
Tve  war  ?  whether  it  is  not  a  duty  of  high  import  and 
binding  obligation,  not  to  become  partners  of  its  guilt, 
by  voluntarily  embarking  in  it.  prosecution  ^    and 
whether  a  naval  force,  fitted  out  by  this   common- 
wealth, and  stationed  off  our  ports  and  liarbouis,  would 
,>ot  necessarily  come  in  contact  with  our  adversary, 
and,  by  frequent  collision  create  mutual  asperity,  and 
ultimately  involve  us,  as  voluntary  and  aciive  ijartu 
zans,  in  the  war  ?-your  committee  are  of  oi.inion 
that  such  a  measure,  considering  the  limited  loree 
which  the  commonwealth  is  able  to  furnish,  iusle_ad  of 
diirinishing  would  augment,  if  possi!)le,  the  existing 
evils,  and  insteatl  of  accomplishing  would  deleat  ilie 
object  in  view,— the  protection  of  the  coasting  trade. 

The  only  remaining  method    of  defence,    wlilcli 
seems  to  be  expedient,  is  by  erecting  temporary  loru 


I 


53 


fications,  and  establisliing  batteries  at  suck  important 
places,  as  are  most  exposed  to  the  casualties  of  war. 

Should  the  president  of  the  United  States  still 
refuse  to  furnish  tliis  commonwealth,  with  the  arms  to 
which,  by  law,  we  are  entitled,  it  will  be  necessary 
for  the  commonwealth  to  furnish  itself.  According 
to  the  last  return,  there  is  a  deficiency  of  5,688,  which 
we  ought  to  be  able  to  supply  from  the  publick  arsenal. 


Your  committee  also  beg  leave  to  state,  that  al- 
though the  militia  of  this  commonwealth,  is  generally 
well  disciplined,  yet  it  is  in  vain  to  expect"  from  it, 
liiat  subordination  and  skill,  which  constitute  th& 
strength  and  efficiency  of  a  regular  army,  in  the 
present  state  of  our  country,  your  committee  deem  it 
necessary,  tliat  a  portion  of  the  militia  should  be  or- 
ganized into  distinct  corps,  for  the  purpose  of  theoret- 
ick  and  practical  bistruction  in  the  military  art. 

For  the  accomjdishraeiit  of  the  foregoing  purposes, 
your  committee  recommend  the  adoption  of  the  fol- 
lowing rciiolutions. 

Rpsoh'pii,  that  the  governor,  with  advice  of  council, 
be  and  he  is  iierei)y  authorized,  to  erect  such  fortifi- 
cations and  establish  such  batteries,  as  may  be  deemed 
necessary  for  the  defence  and  protection  of  sucli  towns 
within  this  commonwealtii,  as  are  most  exposed  to 
the  invasion  of  an  enemy,  and  the  casualties  of  war, 
and  to  purchase,  mount  and  furnish  for  the  use  of 
such  tow  n  OP  towns,  a  competent  number  of  pieces  of 
ordnance  witii  other  suitable  munitions  of  war.  And 
to  estai)iish  upon  the  head  lands,  capes  and  other 
convenient  places,  a  line  of  signals,  by  w  hich  to  give 
timely  notice  to  vessels  navigating  along  the  coast,  of 
an  enemy's  approach. 

And  ill  case  the  president  of  the  V.  States  should 
refuse,  or  neglect  io  Iransmit  lo  this  coiuuiouan  <'alth 


5% 


the  proportion  of  arms,  to  which  the  same  is  entitled 
by  a  law  of  congress  passed  April  23d,  1808,  tiien 
and  in  that  case,"^  the  governor  is  hereby  authorized 
and  empowered  to  purchase  such  number  of  fire  arms 
for  the  use  of  the  commonwealth,  as  from  the  returns 
of  the  militia  thereof  shall  appear  to  be  necessary. 

And  in  order  to  carry  into  effect  the  purposes  afore- 
said, the  governor  is  hereby  authorized  to  employ  one 
or  more*discreet  and  faithful  persons,  who  shall  be 
skilled  in  the  science  of  engineering  afid  gunnery, 
and  who  shall  be  entitled  to  a  reasonable  compensa- 
tion for  their  services. 

And  the  governor  is  hereby  further  authorized,  to 
provide  a  sufficient  guard  for  all  arsenals,  parks  of 
artillery  and  military  stores,  the  property  of  this  com- 
monwealth, as  the  same  may,  from  time  to  time  be- 
come necessary. 

And  the  treasurer  of  this  commonwealth,  is  hereby 
authorized  and  empowered,  to  borrow  of  any  bank  or 
banks  in  this  commonwealth,  a  sum  of  money  not  ex- 
ceeding one  hundred  thousand  dollars,  to  be  applied  to 
the  purposes  aforesaid,  and  accounted  for  accordingly. 

The  aforesaid  money  to  be  borrowed  in  such  sums 
as  the  governor  with  advice  of  council  sliall  direct, 
and  the  governor  is  hereby  authorized,  fnnn  time  to 
time  to  issue  his  warrant  upon  the  trensury  for  such 
sums  as  may  be  deemed  necessary  for  carrying  inl(» 
cftect  the  purposes  aforesaid. 

Jlesolvedf  That  the  adjutant  gener.-.l  be  requested 
to  consider  and  report  to  tlie  general  court  at  tlieir 
next  session,  what  alterations  are  necessary  in  the 
militia  system  of  the  commonwealth,  and  also,  the 
best  method  of  organizing  and  disciplining  a  select 
cor|)s  of  troops,  bearing  a,  proportion   lo  I  lie   whole 


:Bt 


35 

number  of  the  militia  of  said  commonwealth  as  one 
to  five,  as  also  the  best  method  of  organizing  the  ex- 
empts. 

All  which  is  humbly  submitted,  by 

ISRAEL  \.  HORNDIKE,  per  order, 

IN  SENATE,  JUNE  15,  1813. 

Read  and  accepted.      Sent  down  for  concurrence. 
JORN  VBILLIPS,  President. 

IN  THE  HOUSE  OF  REPRESENTATIVES,  JUNE  16,  1S13. 

Read  and  concurred. 

TIMOTHY  BIGELOW,  Speaker. 

June  lOtli,  1813. Approved, 

CALEB  STRONG. 


y*; 


PAPERS, 

« 
OS    TUB 

llEFENCE    or    BOSTON.    AND    OTHER  TLACES. 


AN   \.CT 

MAKING   PROVISION   FOR  ARMING   AND   EQUIPPING   TJIB 
WHOLE  BODY  OF  TFIK  MILITIA  or  THE 

UNITED  STATES. 

BE  it  enacted  by  tlie  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America,  m  Con. 
s:ress  assembled,  Tliat  the  annual  sum  of  two  hundred 
thousand  dollars  be,  and  the  same  hereby  is  appro, 
priated,  for  the  purpose  of  providing  arms  and  mill- 
tary  enuipraents  for  tlie  whole  body  of  the  imlitia  ol 
the  United  States,  either  by  purcliase  or  manufacture, 
by  and  on  account  of  the  United  States. 

Bect.  2.  And  he  it  further  enacted /rUiiiih^Vrc^- 
ident  of  tlie  United  States  be,  and  he  hereby  is  au- 
thorized, to  purchase  sites  for,  and  erect  such  addi- 
tional arsenals  and  manufactories  of  arms,  as  he  may 
deem  expedient,  under  the  limitations  and  restrictions 
now  provided  by  law  :  Provided  also,  tliat  so  much 
of  any  law  as  restricts  the  number  of  workmen  m  the 
armories  of  tlie  United  States  to  one  hundred  men. 
be,  and  the  same  hereby  is  repealed. 

Sect.  3.  And  he  it  further  enacted,  That  all  the 
irms  procured  in  virtue  of  tliis  act,  shall  be  trans- 
mitted to  the  several  states  composing  this  union,  and 
territories  thereof,  to  each  state  and  territory  respect- 
ively, in  proportion  to  the  number  of  the  etVectivr 


son, 


C£§. 


Tlllv 


Re  pre 
}i  Cov- 
unclrcd 
appro - 
il  mili- 
litia  of 
'aciurc, 


c  Prcs- 
f  is  au- 
h  addi- 
lie  may 
rictions 
o  much 
II  ill  the 
;d  men. 


.  all  the 
I  trans- 
on, and 
respect- 
'ilVciivc 


juilitia  in  each  state  and  territory,  and  by  each  state 
and  territory  to  be  distributed,  to  the  militia  in  such 
state  and  territory  under  such  rules  and  regulations 
as  shall  be  by  law  prescribed  by  the  Legislature  of 
eiH'h  slate  and  territory. 

#■ 

J.  B.  VARNUM, 

Spealcev  of  tlw  House  of  Representatives. 

S.  SxMITH, 

Preshient,  pro  tempore,  of  the  Senate. 
April  23.  1808. 

Ai'l'K'O  VRD, 


n^ 


ni:    lEFFERSON. 


rOMMONWEALTH  OF  MASSACHUSETTS. 

RESOL\  i:    P]{0VI1)IN(J    roil  Tin-:   DEFENCK    OF    BOSTON  AND 
OrilCR  PLACES.— Jnh  FEBRUAKY,  1813. 

Uesolved,  That  the  Grovernor,  with  advice  of 
Council,  be,  and  he  is  hereby  authorized  to  adopt 
such  defensive  measures,  and  to  carry  the  same  into 
immediate  execution,  as  may  be  deemed  necessary  to 
protect  the  town  of  Boston,  its  harbour  and  vicinity, 
and  the  towns,  ports  and  harbours  of  this  Common- 
wealth, from  the  invasion  of  an  enemy  during  the 
present  war. 

And  for  the  purpose  aforesaid,  the  Governor  is  here- 
by authorized  to  employ  any  officer,  or  officers,  per- 
son, or  persons  skilled  in  the  science  of  engineering 
and  gunnery,  also  to  mount  such  number  "of  heavy 
cannon,  mortars,  and  howitzers,  on  travelling  or  fort 
carriages,  as  may  be  deemed  necessary,  to  provide 
munitions  of  war,  in  sufficient  cpiantities,  and  all  th© 
8 


1  ?■•  < 


m 

necessary  apparatus  for  a  powerful  train  of  heavy  ar- 
tillery, to  ascertain  ami  designate  the  posts  or  places 
where  said  artillery  can  act  with  the  greatest  effect 
against  the  enemy's  shipping  entering  or  attempting 
to  tnter  our  ports  and  harhours,  to  cause  hatteries  to 
be  constructed,  and  breast  works  to  be  Uuown  up 
where  it  may  be  deemed  necessary,  with  furnaces  to 
heat  shot. 

And  the  Treasurer  of  this  Commonwealth  is  here- 
by  authorized  and  empowered  to  borrow  of  any  bank 
or  banks  in  this  Commonwealth,  a  sum  of  money  not 
exceeding  one  hundred  thousand  dollars,  to  be  applied 
to  the  purposes  aforesaid,  and  to  be  accounted  for 
accordingly. 

The  aforesaid  money  to  be  borrowed  in  such  sums 
as  the  Governor,  with  advice  of  Council,  shall 
from  time  to  time  direct,  and  the  Governor  is  hereby 
authorized  from  time  to  time  to  issue  his  warrants 
upon  the  Treasury  for  such  sums  as  may  be  deemed 
necessary  for  carrying  into  effect  the  purposes  of  this 
res(»lve. 

And  be  itfurtlipr  resoUed,  That  the  Governor  be 
requested  to  apply  to  the  Executive  of  the  IJnited 
States,  and  respectfully  request  such  supply  of  mus- 
kets,  belonging  to  the  United  States,  as  mny  lie  con- 
veniently  furnished,  and  as  may  l)e  considered  the 
pro])ortion  to  which  this  Commouweallh  may  be  en- 
titled, to  be  apjiortioued  and  distributed  to  the  several 
towns  of  this  Commonwealth,  for  the  use  of  the  mili- 
tia thereof,  in  such  manner  as  the  (iovernor.  I»y  and 
with  the  advice  of  Council,  may  d( mmm  most  for  the 
publick  service. 


, 


5d 


BOSTON,   MARCH    Ist,    1813. 


Sir, 


I  HAVE  the  honour  to  enclose  to  your  Excellency 
an  extract  from  a  Resolve  of  the  General  Court  of 
this  Commonwealth,  passed  on  the  27th  of  February 
last ;  and  in  compliance  with  the  objects  of  the  Legis- 
lature expressed  in  the  said  Resolve,  to  request  for 
the  use  of  this  State  such  supply  of  muskets  belonging 
to  the  United  Slates  as  may  be  conveniently  furnish- 
ed, and  as  may  be  considered  the  proportion  to  which 
thi^  Commonwealth  may  be  entitled. 

I  am,  Sir,  with  great  respect, 

your  most  obedient  humble  servant, 

CALEB  STRONG. 

The  Fresident  of  the  United  States. 


WAR  DEFAIi'rMKNT: 


MARCH  15,  1813. 


Hiu, 


Ix  answer  to  your  K.v.'cllency's  Letter  of  the  1st 
iiislant,  (enclosing  a  Resolution  of  the  [legislature  of 
Massachusetts,  of  Feliruary  27tlij  1813,  addressed  to 
(he  President  of  the  United  States,  and  "  requesting 
such  supply  of  muskets  as  may  be  conveniently  fur- 
nished, and  as  may  be  considered  the  proportion  to 
which  the  Commonwealtw  ;nay  be  eulitled,*')  I  have 
the  honour  to  infoim  your  Excellency,  that  as  the  arms 
provided,  in  virtue  of  tiie  act  of  April  53,  1808,  for 
nrmiiig  ami  eipiipping  the  militia  of  <  he  United  States, 
have  i)een  inconsiderable,  in  proportion  to  the  militia 
lo  be  supplied,  the  President  lias  deemed  it  most  cou- 


.:■  ■  i 


lii:(t 


ducive  to  the  general  interest  to  supply  in  the  lirst 
instance  the  frontier  states  and  the  militia  who  have 
come  forward  in  the  service  of  the  country.  When 
the  state  of  the  publick  arsenals  will  justify  the  meas- 
ure, Massachusetts  will  receive  her  proportion  of  arms, 
agreeably  to  the  provisions  of  the  Law. 

Very  respectfully,  I  have  the  honour  to  be. 
your  Excellency's  most  obedient  servant, 

JOHN  ARMSTRONG 

His  Excellency  Caleb  Strong,  7 
Governor  of  Massachusetts.      3 


IN  SENATE, 


MAY  28,  1813. 


Read,  and  committed  to  the  Hon.  John  Welles  and 
Edmund  Foster,  Esq's,  with  such  as  the  Hon.  House 
may  join,  to  consider  and  report.  Sent  (h)w  n  for 
concurrence. 

JOHN  PHILLIPS,  President, 


TN  THE  HOUSE  OF  REPRESENTATIVES. 

MAY  28,  1813. 

Read  and  concurred,  and  the  Hon.  Mr.  Lloyd  and 
Messrs,  Gardner  of  Rolton,  and  Richardson  of  North 
Yarmouth,  are  joined. 

TIMOTHY  BIGELOW,  Hiwakcr, 


UEPORT. 

The  Coniiuitlee  to  whom  was  referred  the  letter  of 
the  Secretary  of  War  of  the  United  States,  to  liis 
Excellency  the  Governor,  bearing  date  at  Washin«>-. 
ton,  March  15th,  1813,  in  answer  to  an  application, 
made  by  his  Excellency  in  compliance  with  a  resolve 
of  the  honourable  the  General  Court  of  the  Common- 
wealth of  Massachusetts,  to  the  Executive  of  the 
United  States,  re(^:iesting  such  supply  of  muskets  as 
might  be  considered  the  proportion'  to  which  the 
Commonwealth  was  entitled,  under  a  law  of  the  Unit- 
ed States  passed  in  April,  1808;  by  which  law  the 
annual  sum  of  two  luindred  thousand  dollars  was  ap- 
propriated  for  the  purpose  of  providing  arms  for  the 
militia  of  the  United  States,  to  be  transmitted  to  the 
several  states,  in  proportion  to  the  effective  militia  in 
each  statC;, — 


RESPECTFULLY  REPORT, 

TiiA'-^  the  law  of  the  United  States  referred  to  by 
liis  Excellency  the  Governor,  and  entitled,  "  an  act 
making  provision  for  arming  and  equipping  the  whole 
body  of  the  militia  of  the  United  States,  and  appro- 
priating annually  two  hundred  thousand  dollars  for 
that  purpose,  provides  that  the  arms  procured  in  vir- 
tue of  that  act,  shall  be  transmitted  to  the  several 
states  composing  the  union,  and  the  territories  there- 
of, to  each  state  and  territory  respectively,  in  propor- 
tion to  the  number  of  effective  militia  therein,  under 
such  rules  and  regulations  as  shall  be  by  law  pre- 
scribed by  the  legislature  of  each  state  or  territory. 

Tn  the  apprehension  of  your  committee,  the  terms 
of  the  law  are  simple,  precise,  and  definite,  admittin 


•\i 


(35 

neithci-  ol*  a  pciversioii  of  purpose  nor  latitude  of  roii- 
struction— of  the  favouiitisui  of  partiality,  or  an  iu- 
dulgeuve  of  caprice. 

Tiie  people  of  the  United  Slates  for  the  better  de- 
fence thereof,  by  an  act  of  their  constituted  authori 
ties   set  aside  from  their  revenue  the  annual  sum  of 
two^ hundred  thousand  dollars,  for  armin-  and  equip- 
ping- the   whole  body  of  the  militia  of  the  United 
States,  and  expressly  directed  that  the  arms  provid- 
ed in  virtue  of  that  act  should  be  transmitted  to  the 
several   states   composing  the  union   and  territories 
thereof ;  to  each  state,  and  territory,  respectively,  in 
proportion   to   the  num])er   of  its    ettective    militia. 
Hence  it  became  the  duty  of  the  government  not  to 
vyait  for  t!ie  application  of  the  several  states,  but  on 
the  receipt  of  such  supply  of  arms,  as  would  admit  of 
a  reasonable  division,  promptly  to  transmit  the  same 
to  the  respective  states  and  territories. 

Whetlier  this  has  been  done,  conformably  with  the 
provisions  of  the  law,  or  cousistently  with  those 
principles  of  respect,  e<pialily,  and  imi>artiality, 
which  ought  to  regulate  the  coiuluct  of  the  General 
(j!over:iment  towards  each  member  of  tiie  confedera- 
cv— the  history  of  tiie  amount  of  tliis  fund — tiie  dis- 
tribuliou  of  the  lums— and  the  letter  of  tlie  Secretary 
of  War  will  determiue. 

The  act  having  passed  in  April,  i8()8.  it  is  evi- 
dent that  at  this^time  one  milli(»n  of  dollars  must 
have  accrued  uudcr  it,  and  ought  to  have  been  a  im- 
propriated towards  arming  tlu^  whole  body  of  the  mi- 
litia of  the  United  States!  Of  this  sum,  or  the  pro- 
ceeds of  it.  on  the  ratio  of  her  ciinlributions  to  the 
revenue  of  tlie  United  States,  Massachusrtts  -ould 
be  entitled  to  about  one  fifth  pari,  having  paid  u|)- 
wards  of  forty  miHi(His  towards  the  two  hundred  and 
fifteen  millions  of  dollars   derived   by    (he    Jnited 


your 


ol'  coil- 
•  ail  iti- 


Iter  «le- 
mtliori 

sum  of 
I  eqiiip- 

UiiitcHl 
provid- 
l  to  the 
iritories 
vely,  ill 

miiitia. 
;  not  to 
,  but  oil 
ulmit  of 
ic  same 


vvitli  tlic 
I  those 
irtialitv, 
General 
iitedcra- 
-the  liis- 
eiTCtaiy 


I,  is  evi- 
iY8  must 
jecn  aj) 
rtlie  nii- 
llie  ju'o 
.;  to  tlie 
s  '"oulil 
paid  iip- 
ircd  jiiid 
Juitcd 


63 

States  iiiidov  tlie  operation  of  the  Federal  Govermcnt 
— hut  predicated  upon  the  more  unfiivourahle  ratio  of 
the  hiw,  wliich  in  tliis  case  must  govern,  Massachu- 
setts,  attliough  capable  of  ])ringin2;  into  tlie  field  an 
ctVective  force  of  one  hundred  and  twenty  thousand 
free  white  citizens,  for  the  purpose  of  sustaining  her 
rights,  of  checking  usurpation,  or  of  repelling  inva- 
sion, would  be  entitled  only  to  the  number  of  arms 
procured  under  the  act  of  April,  1808,  in  the  ratio 
tliat  70,.'t3(),  tiie  number  of  militia  agreeably  to  the 
last  return  to  the  General  Government  from  Massa- 
chusetts,  bears  to  719,449,  the  whole  return  of  the 
militia  of  the  United  States  as  communicated  to  Con- 
gress by  the  President,  on  the  13th  of  February  of 
the  present  year — thus  giving  to  MassMchusctts,  an 
indisputable  claim,  a  vested  right,  w  itlumt  the  power 
of  alienation  or  diversion,  in  any  department  of  the 
General  Government,  to  about  one  tenth  of  the  said 
sum  of  one  million  of  dollars  already  accumulated, 
or  of  aboul  one  tenth  of  the  number  of  arms  that  liave 
been  procured  therefrom. 

And  your  committee  further  report,  that,  from  the 
returns  made  to  Congress  by  the  war  department  in 
December  last,  it  appears,  that  contracts,  under  the 
law  of  the  United  States  of  April  23,  1808,  have 
heen  made  for  100,200  stands  of  arms,  of  wliich 
21,000  stands  were  contracted  for  in  Massachusetts, 
and  98/;!  stands  w ere  actually  delivered  by  the  man- 
ufacturers tvithin  the  State,  prior  to  October  last,  and 
that,  from  these  contracts,  there  had  been  received 
by  the  General  Government,  six  months  since,  31.(il0 
stands  of  arms,  at  which  time  53,;760  stands  of  arms 
in  addition  were  due,  and  ought  to  have  l)een  deliv- 
ered into  the  public k  arsenals,  of  which  about  one 
tenth  part,  from  the  moment  of  their  receipt  by  the 
the  General  Government,  became,  in  the  opinion  of 
your  committee,  the  actual  property  of  the  state  of 
Massachusetts,  and  by  the  terms  of  the  same  law,  it 


!!#;* 


H 
J! 

I  'If 


also  became  the  duty  of  the  administrators  of  the 
General  Government,  to  have  caused  a  proportion  of 
them  in  that  ratio  to  be  transmitted  or  delivered  to 
this  State  ;  that  not  a  single  musket  of  this  number 
has  been  received,  or  has  been  intended  to  be  trans- 
mitted, or  delivered,  is  too  apparent,  from  tiie  reply 
of  the  Secretary  of  War  to  the  ai>plication  of  liis 
Excellency.  . 

Of  the  distribution  of  the   stands   of  arms  which 
had  been  actually  received  by  the  Government  of  the 
United  States,  under  the  law  of  April,  1808,  it  ap- 
pears from  returns  made  to  Congress  by  the  Depart- 
ment of  War  to  the  month  of  December  last,  that 

1000  stands  had  been  delivered  to  New-Hampshire. 

2500 to  Vermont. 

1000 to      Rhode-Island,     to    whicli 

State  250  stands  had  also  been  loaned. 

1000 to  New-Jersey. 

500 to    Delaware,   to  which    State 

650  stands  of  arms  had  also  been  loaned. 

SI  30 ~ to  North -Carolina. 

2000  — to  South-Carolina. 

1000  — to  Georgia. 

1500 to  Ohio,   to  which   Slate  8500 

stands  had  also  been  loaned. 

1500 to  Kentucky. 

1500 to  Tennesee. 

250 to  Louisiana,  uid 

316 to  the  Territory  of  THiiiois,  and 

that  there   had  been  loaned  to   the  District  of 
Columbia,  2200.-- 

What  has  become  of  nearly  16,000  stands  of  arms 
in  addition,  which  are  acknowledged  to  have  been 
received,  and  of  53,560  stands  of  arms  which  were 
contracted  to  be  delivered  on  or  before  the  7tli  Octo- 
ber, 1812,  and  remain  unaccounted   for ;  or   whn< 


migi 


s  of  the 
(ortioii  of 
vered  to 
number 
be  traiis- 
lie  reply 
11  of  liis 


IS  which 
nt  of  the 
8,  it  ap- 
\  Depart- 
that 

mpshire. 

3    whicli 

• 

ch   State 
ed. 


ate  3500 


liois,  and 
islrict  of 


s  of  arms 
ive  been 
ich  were 
rtb  Octo- 
or   whnl 


65 

r 

number  has  been  received  since  October,  or  under 
what  authority  the  Department  of  War  has  assumed 
a  disci-etion  neither  given,  nor  warranted  by  the  law, 

iwr'"f-1".'r^'f  ^^'^""^  *^^  proportion  to  which 
It  was  entitled  by  the  provisions  6f  the  law,  to  any 
State  or  Territory,  or  of  makins;  any  loan  whatever 
your  committee  have  not  the  means  of  ascertainins; ; 
and  lie  short  duration  of  the  present  session  of  t^e 
legislature  will  not  admit  of  a  timely  reference  to 

li^l^t  c^ai:^:^.^^"  "'^^'  ^^^'^^^  ''"^^^^ 

Of  the  causes,  or  pretences  which  have  induced 
the  Government  of  the  United  States  to  furnish  elev 
en  states  of  the  union,  the  District  of  Columbia,  and 
the  lerritor;^'  of  Ilhnois,  with  a  proportion  of  arm., 
which  it  has  seen  proper  to  withhold  from  the  popu- 
lous, respectable,  and  exposed  state  of  Massacliusetts, 
and  which  had  been  delivered  from  its  own  manutac . 
tones— the  letter  of  the  honourable  John  Armstron- 
secretary  at  war  of  the  United  Btates,  of  March  15th' 
communicated  ?)y  jiis  excellency,  furnishes  the  evi' 
aence. 

By  that  letter,  his  excellency  is  iiiforme(?,  that  <^  the 
president  has  deemed  it  most  conducive  to  the  gener- 
al interest  to  supply  in  the  first  pla-.e  the  frontier 
states,  and  the  militia  who  have  come  forward  in  the 
defence  of  the  country,  and  that  when  the  state  of 
tlie  pubhck  arsenals  will  justify  the  measure.  Massa- 
c  lusetts  Will  receive  her  proportion  of  arms'  aoreeu- 
my  .3  the  provisions  of  the  law.'^ 

In  commenting  on  these  reasons  of  the  secretary 
at  war,  for  the  omis  :,ion  to  transmit,  or  to  deliver  to 
the  s  ate  of  Massachusetts,  the  proportion  of  arms  to 
Which  It  was  entitled,  your  committee  beg  leave  to 
remark,  that  the  state  of  the  publick  arsenals  in  De- 
i.'ember  last,  as  it  respects  the  supply  of  arms,  pro- 
9 


i 


feiss 


vided  for  tlic  respective  states  and  territories,  will  be: 
manifested  by  the  preceding  statement,  from  which 
it  appears,  that  of  the  85,300  stands  of  arms,  which 
were  dne  to  tlie  general  government  from  the  eon- 
tractors  in  October,  and  (»f  which  it  is  acknowledged 
31,640  had  at  that  time  been  delivered,  short  of 
16,100  had  been  distributed  as  late  as  December 
last;  but  they  confess  they  are  wholly  unable  to 
comprehend,  or  perceive,  even  on  the  alleged  princi- 
ples of  distribution,  how  the  witliholding  from  the 
state  of  Massachusetts,  rashly  and  unpreparedly 
plunged,  in  common  with  the  rest  of  the  union,  into 
a  disastrous  war  witli  ti.e  most  powerful  maritime 
nation  the  world  ever  witnessed  ; — possessing  a  de- 
fenceless,  more  extended,  and  more  densely  populat- 
ed sea  board  than  any  otiier  state  in  tlie  union,  inter- 
sected with  ports  and  harbours  in  every  direction, 
heretofore,  by  the  goodness  of  God,  the  blessings  of 
peace,  and  tlie  industry  of  their  inhabitants,  the  na- 
tive havens  of  one  third  of  the  tonnage  of  the  nation, 
and  bordered  by  a  long  line  of  b')undary,  on  the 
east,  and  on  the  north,  by  the  provinces  of  the  ene- 
my ;  can  be  justified  or  palliated,  by  a  pretence,  that 
it  has  been  deemed  most  conducive  to  the  general  in- 
terest, in  tlie  first  place  to  supply  the  frontier  states, 
and  in  i'onscquence,  to  omit  the  transmission  or  de- 
livery of  a  single  musket,  to  a  state,  with  a  frontier 
of  n'iarly  a  thousand  miles  in  circuit. 

The  additional  cause  assigned  by  the  Secretary  at 
War,  for  withholding  the  proportion  of  arms  alotted 
to  Massachusetts — *'  that  it  was  most  conducive  to 
llie  general  interest  to  supply  in  the  first  place,  the 
militia  who  have  come  forward  in  tiie  service  of  the 
country,*'  alone  remains  to  be  considered ;  and  yonr 
committee  with  reluctance  approach  this  part  of  the 
duty  assigned  them;  for  they  are  confident  that  while 
the  state  of  Massachusetts,  among  the  most  antient 
jind  po^vp^fMl  of  tlie  sisters  of  the  great  fanjily  ul" 


,  will  be*, 
n  which 
s,  which 
the  eon- 
wledged 
short  of 
lecember 
nable  to 
cl  princi- 
irom  the 
cparedly 
lion,  into 
maritime 
iig  a  de- 
populat- 
)n,  inter- 
lirection. 
jsings  of 
tlie  na- 
e  nation 7 
on  the 
the  ene- 
ncc,  tliat 
neral  in- 
r  states, 
)n  or  dc- 
L  frontier 


retary  at 
s  alotted 
iucive  to 
lace,  the 
B  of  the 
md  yonr 
rt  of  the 
lat  while 
t  antient 
tanjily  of 


6r 

states,  wlio  compose  this  confederated  empire,  will 
duly  guard  her  own  honor,  and  self  respect,  and  will 
ever  be  alive  to  the  maintenance  of  her  just  rights  at 
every  hazard,  that  she  will  never  conipromit  her  dig- 
nity, nor  stoop  from  her  pride  of  place,  to  repel  uu- 
merited  aspersion,  if  any  such  were  intended,  on  the 
motives  of  the  man,  whom  she  is  gratiiied  to  honor, 
who  has  evinced  himself  to  1>  a  wakeful  watchman 
on  the  citadel,  and  a  faithful  guardian  of  the  consti- 
tutional rights,  and  liberties  of  his  fellow-citizens  ; 
nor  upon  a  militia,  inferior  to  none  in  the  union,  and 
who  are  at  once  the  ornament,  the  boast,  and  the  se- 
curity of  the  state  which  has  reared,  and  formed,  and 
which  delights  to  cherish  and  respect  them.  And 
should  at  any  time  hereafter  any  ins'dious  foe  seek  to 
sow  the  seeds  of  jealousy  and  discord  between  the 
militia  of  the  several  parts  of  the  union,  by  unfound- 
ed imputations  on  the  efficiency  or  patriotism  of  the 
military  of  Massachusetts— the  legislature  will  view 
all  such  attempts  with  horror,  and  reject  them  with 
disdain. 

Under  the  influence  of  these  convictions,  the  com- 
mittee forbear  to  dilate  on  this  part  of  the  letter  of 
the  secretary  at  war,  and  limit  themselves  to  report- 
ing, that  from  the  whole  view  of  the  subject  which 
they  have  been  enabled  to  take,  they  are  of  opinion, 
that  tlie  proportion  of  arms  provided  under  the  law  of 
the  United  States  of  the  23d  of  April,  1808,  to  which 
the  state  of  Massachusetts  is  entitled,  has  b.en  unduly 
withhchl  from  her,  and  that  in  the  present  exposal 
situation  of  the  country,  it  is  the  ijuperious  duty  of 
the  legisiatu  c-,  to  place  that  part  of  it  under  their  pro- 
tectjon  in  an  effective  state  of  defence,  as  speedily  as 
may  be  practicable  ;  and  they  therefore  reconimViid 
the  adoption  of  the  following  resoluiions. 


ifl 


p 

nesolved,  As  the  sense  of  this  Legislature,  that 
by  the  provisions  of  the  law  of  April  23(1,  1808  it 
was  the  fluty  of  the  President  of  the  United  States' to 
cause  to  be  transmitted  to  the  State  of  Massachu. 
setts,  m  conformity  to  the  request  of  his  Excellency 
the  Governor,  of  the  first  of  March  last,  the  i)ronor. 
tion  of  the  Arms  prescribed  by  said  law,  which,  ac- 
corran-  to  the  plain  and  explicit  terms  thereof,  can- 
helir      ''  ^^^  P^'^*®*^*^^:!  be  justly  or  lawfully  with- 

npsolved,  That  the  application  of  his  Excellen- 
cy the  (xovernor  for  the  transmission  of  said  Arms,  in 
iP"?'^'^;^^.\«f  the  resolve  of  the  Legislature  of  the 
S7tli  ot  i^ebruaryhst,  was,  in  every  respect,  suitable 
find  proper  ;  r.nd  that  the  refusal  to  comply  with  said 
request  was  a  rejection  of  an  indisputable  claim  to 
property  legally  vested  in  this  Commonwealth,  and 
^  negieci  to  perform  a  duty  enjoined  upon  the  Ex- 
ecutr-  Department  of  the  National  Government  by 
the  positive  provisions  of  law. 

ResolvPd,  That  the  terms  in  which  this  refusal  i. 
expressed,  m  the  Answer  of  the  Secretary  at  War 
to  the  letter  of  his  Excellency  the  Governor,  con- 
vey an  indirect  censure  against  the  Government  and 
Mihtia  of  Massachusetts,  for  a  neglect  to  d-sehariro 
Us  duty  as  a  constituent  part  of  the  Union— whicli 
f yen  If  it  had  been  just,  could  have  formed  no 
plausible  pretext  for  the  refusal— but  m  J.ich  bein- 
altogether  unfounded,  the  Legislature,  from  the  pei^ 
feet  respect  for  their  Chief  Magistrate,  their  con- 
iKlence  in  the  courage  and  patriotism  of  the  Militia, 
and  their  sense  of  duty  to  themselves  and  their  cou- 

n  lL'''"^rT-^'"""'*  '"  "'P^'^^  "^  ^''  '^t<^'»"I''  to  fix  an 
unmerited  stigma  upon  the   cl;aracter  of  this   (Nun 
mon  wealth. 


, 


(59 


re,  that 
1808,  it 
tatcs, to 
ssacliu- 
ellency 
proper - 
icli,  ac 
of.  caii- 
y  with- 


^celleii- 
Lrms,  in 
of  the 
^nitahie 
ith  said 
1  aim  to 
th,  and 
he  Ex- 
aeiit  by 


fusal  \ft 
t  Wnr 
r,  ('(Ml 
fut and 
■>char£;e 
-which 
ned  no 
li  heini; 
he  per- 
ir  con 
Vlilitia, 
'ir  con- 
>  fix  an 
Com 


llesolced,  That  the  Adjutant-General  of  thi« 
Commonwealth  be  directed  forthwith  to  forward  fn 
tlie  Secretary  at  War,  of  the  United  States,  a  copy 
of  these  resolves,  and  in  case  of  a  further  refusal, 
or  neglect,  beyond  a  reasonable  time,  to  transmit 
the  arms  which  rightfully  belong  to  this  State,  by 
virtue  of  the  law  aforesaid  ;  that  his  Excellency  the 
Governor  be  requested  to  forward  similar  copies 
to  each  of  our  Senatoi*s  and  Representatives  in  the 
Congres  of  the  United  States,  that  they  may  endea- 
vor to  obtain,  by  the  interposition  of  the  legislative 
authoritj^,  our  proportion  of  the  means  provided  from 
the  common  revenue  "  for  the  common  defence,'* 
which  the  Executive  department  has  unjustly  with- 
held, and  which  our  exposed  situation  during  the 
present  calamitous  state  of  the  country  imperfousH 
demands. 

I\-  THF.  HOUSE  OF  IIKFRF.SRX TATIVES,  JUXK  It    1S13. 

Head  and  accepted.     Sent  up  for  concurrence. 
TIMOTHY  BTGELOW,  Sijeaker. 

IN  SF-NATK,  ,,rNE  If.,  1813. 

Road  and  concurred. 

JOHN  PHTLT.IPS.  President 


r: 


COMMONWEALTH  OB  MASSACHUSETSS. 

IN    THE    HOUSE    OF    REPRESENTATIVES,    JUNE    8,    18ia. 

ORDERED,  That  Messrs.  Mi|lls,  Northampton, 
Sullivan,  Boston,  Goodwin,  Berwick,  and  Dwight, 
Spring jicld,  be  a  Committee,  with  such  as  the  Hon. 
Senate  may  join,  to  consider  what  measures  it  is  expe- 
dient for  this  Legislature  to  adopt  ii|  relation  to  the  un- 
happy war  in  which  we  are  engaged ; — the  means  to 
induce  a  speedy  restoration  of  peace ; — and  to  restore 
this  Commonwealta  to  the  blessings  of  a  free  and  unmo- 
lested commerce,  and  to  that  influehce  in  the  councils  of 
the  nation,  to  which  she  is  so  justly  ei.titled— with  leave 
to  report.     Sent  up  for  concurrence. 

TIMOTHY  BIGELOW,  Speaker. 

IN  SENATE,  JUNE  8,  1?13, 

Read  and  concurred,  and  the  Hon.  Messrs.  Perkins, 
Blake,  and  Holmes  are  joined. 

JOHN  PHILLIPS,  President. 


June  i2th,  181S. 
THE  (JommiUee  of  both  Houses  appointed  "to  consider  what 
measures  it  is  expedient  for  this  I.egislature  to  adopt,  in  relation 
to  the  unhappy  War  in  which  we  are  engaged,  the  means  to  in- 
duce a  speedy  restoration  oi"  Peace,  and  to  restore  this  Commou- 
wealth  to  the  blessings  of  a  free  and  unmolested  commerce,  and 
to  that  influence  in  the  Councils  of  the  Nation,  to  w?'ich  she  is  so 
justly  entilled,"  have  attended  the  service  assigned  them,  and  ask 
leave  to  report  a  Remonstrance  to  the  Congress  of  the  Uniteii 
States,  which  J ,  hereunto  annexed. 

All  which  is  respectfully  suhmKted. 

T.  H.  PERKINS,  Per  Order, 


i,   Ibid. 

jmptOHf 

^IGHT, 

e  Hon. 
s  cxpe- 
the  im- 
eans  to 
restore 
[  unmo- 
ncils  of 
;h  leave 

aker. 

,  1813. 

;rkins, 
dent. 


)1S. 

iler  wliaf. 
reJatioii 
ns  to  in- 
^^ommou- 
rce,  and 
she  is  so 
and  ask 
!  UniUil 


Order, 


REMONSTRANCE. 

To  the  Honourable  the  Senate,  and  the  Honourable 
the  House  of  Representatives  of  the  United  States, 
in  Congress  assembled  : 

THE  Legislature  of  Massachusetts,  deeply  im^ 
pressed  with  the  sufferings  of  their  constituents,  and  ex- 
cited by  the  apprehension  of  still  greater  evils  in  pros- 
pect, feel  impelled,  by  a  solemn  sense  of  duty,  to  lay 
before  the  National  Government,  their  view  of  the  pub- 
lic interests,  and  to  express  with  the  plainness  of  free- 
men, the  sentiments  of  the  people  of  this  ancient  and 
extensive  Commonwealth. 

Although  the  precise  limits  of  the  powers  reserved  to 
the  several  state  sovereignties  have  not  been  defined  by 
the  constitution,  yet  we  fully  coincide  in  the  correctness 
of  the  opinions  advanced  by  our  venerable  Chief  Magis- 
trate, that  "our  Constitutions  ensure  to  us  the  freedom 
of  speech,  and  that,  at  this  momentous  period,  it  is  our 
right  and  duty  tg  inquire  into  the  grounds  and  origin  of 
the  present  war,  to  reflect  on  the  state  of  public  affairs, 
and  to  express  our  sentiments  concerning  them,  with  de- 
cency and  frankness,  and  to  endeavour,  as  far  as  our  lim- 
ited influence  extends,  to  promote,  by  temperate  and  con- 
stitutional means,  an  honourable  reconciliation." 

If  then,  such  are  the  rights  and  duties  of  the  people, 
surely  those,  who,  at  this  solemn  crisis,  are  selected  by 
them,  and  who  are  specially  honoured  with  their  confi- 
dence, may  venture  respectfully,  but  frankly,  to  express 
the  sentiments  and  feelings  of  those  whom  they  have  the  * 
honour  to  represent. 


The  States,  as  well  as  the  individuals  composing  them, 
'ire  parties  to  the  national  compact,  and  it  is  their  pecu- 
liar duty,  especially  in  times  of  peril,  to  watch  over  the 
rights,  and  guard  the  privileges  solemnly  guaranteed,  bv 
that  instrument.     Certainly  then  this  expression,  frorn 
the  Legislature  of  the  free  and  independent  Common- 
wealth  of  Massachusetts,  will  not  be  disregarded,  by  the 
present  Congress  of  the  United  States.     For  although  the 
numerous  petitions  and  remonstrances  of  the  people  of 
this  State,  in  relation  to  such  measures  as  they  deemed 
dangerous  to  their  rights,  and  ruinous  to  their  interests, 
have  heretofore  been  received,  in  a  manner  little  calcula- 
ted to  produce  that  harmony,  and  to  cement  that  Union 
which  ought  to   be  the   permanent  aim  of  the  general 
government  ;    yet  we  caimot  but  indulge  the  hope,  that 
new  councils  and  a  more  conciliatory  spirit  will   distin- 
guish the  several  branches  of  the  present  national  Legis- 
lature— That  they   will  endeavour,   by   the  exercise  of 
justice  and  impartiality,  to  allay  the  apprehensions,  and 
restore  the  confidence   of  the  Eastern  and  Commercial 
States— to  remove  their  actual  sufferings— and  to  replace 
them  m  the  happy  and  prosperous  condition  from  which 
they  have  been  driven,   by    a  succession  of  measures 
hostile   to   the  rights  of  commerce,  and   destructive  to 
the  peace  of  the  Union. 

It  is  not  to  be  expected,  that  a  hardy  and  Industrious 
people,  instructed  in  the  nature  of  their  rights,  and  tena- 
'^^^."V^*  ^h^J^  exercise,  whose  enterprise  was  a  source 
6t  individual  wealth  and  national  prosperity,  should  find 
themselves  obliged  to  abandon  their  accustomed  emplov- 
ments,  and  relinquish  the  means  of  subsistence,  without 
comp  Hint  J  or  that  .  moral  and  christian  people  should 
contribute  their  aid,  in  the  prosecution  of  an  offensive 

\var,  without  the  fullest  evidence  of  its  justice  and  iieces- 
siiy. 

The  United  States,  from  the  form  of  their  Govern- 
ment, irom  the  principles  of  their  institutions,   from  the 


iir  pecii- 
over  the 
iteed,  by 
jn,  from 
ommon- 
,  l)y  the 
3ughthe 
eople  of 
deemed 
iitercsts, 
calcula- 
t  Union 
general 
'pc,  that 
distin- 
l  Legis- 
reise  of 
)ns,  and 
mercial 
replace 
1  which 
?asiircs, 
ctive  to 


istrious 
id  tena- 

source 
Lild  find 
mploy- 
ivithoiit 

should 
fFensive 
Ineces- 


jovcrn- 
om  thr 


".acred  prolesbiuiis  which,  in  all  periods  of  their  history ♦ 
they  have  made,  from  the  maxims  transmitted  to  them, 
by  patriots  and  sages,  whose  loss  they  can  neveJ 
sufliciently  deplore,  as  well  as  from  a  regard  to  their  best 
and  dearest  interests,  ought  to  be  the  last  nation  to  en- 
gage in  a  war  of  ambition,  or  conquest. 

^  The  recent  e  :ablishment  of  their  institutions,  the  pa. 
cific,  moral  and  industrious  character  of  their  citizens,  the 
certainty  that  time,  and  prudent  application  of  their  re- 
souices  would  brini,^  a  seasonable  remedy  for  any  tran- 
sient wrongs,  would  have  induced  a  wise  and  provident, 
an  impartial  and  te  peratc  administration,  to  overlook, 
if  it  had  been  necessary,  any  temporary  evils,  which 
cither  the  ambition,  the 'interest,  the  cupidity,  or  the  in- 
justice of  foreign  powers  might,  occasionally,  and  with- 
out any  deep  and  lasting  injury,  have  inflicted. 

With  these  maxims  and  these  views,  we  cannot  dis- 
cern any  thing,  in  the  policy  of  foreign  nations,  towards 
us,  which,  in  point  of  expediency,  required  the  sacrifice 
of  so  many  and  so  certain  blessings,  as  might  have 
been  our  portion,  for  such  dreadful  and  inevitable  evils, 
as  all  wars,  and  especially  in  a  Republic,  entail  upon 
the  people. 

But,  when  we  review  the  alleged  causes  of  the  war 
against  Great  Britain,  and  more  particularly,  the  pre- 
tences for  its  continuance,  after  the  princii)al  one  was 
removed,  we  are  constrained  to  say,  that  it  fills  the  minds 
of  the  good  people  of  this  Commonwealth,  with  inftnite 
anxiety  and  alarm.  We  cannot  but  recollect,  whatever 
the  pretences  of  the  en\peror  of  France  may  have  been, 
pretences  which  have  uniformly  preceded  and  ac/.om- 
panied  the  most  violent  acts  oHnjustieo,  that  he  was  the 
sole  author  of  a  system,  calculated  and  intended  to  break 
down  neutral  commerce,  with  a  view  to  destroy  the  op. 
ulence,  and  cripple  the  power  of  a  rival,  whoic  best  in- 
terest, and  whose  real  pol  were,  to  uphold  that  com- 
merce, so  es'scntial  to  her  own  prospcritv. 

10 


m 


■W^ 


7J, 

It  is  not  for  us  to  decide,  whether  the  enemy  of  France 
did,  or  did  not,  adopt  the  most  natural  and  efficacious 
means  of  repelhng  her  injustice.  It  is  sufficient,  that  we 
are  persuaded,  the  United  States  might,  by  a  firm  and 
dignified,  yet  pacific  resistance  to  the  French  decrees, 
have  prevented  the  recurrence  of  any  retaUatory  measures 
on  the  part  of  Great  Britain — measures  not  intended  to 
injure  us,  but  to  operate  on  the  author  of  this  unjust  and 
iniquitous  system.  And,  however  honourable  men  may 
differ,  as  to  the  justice  of  the  British  retaliatory  orders  in 
Council,  \vc  do  not  hesitate  to  say,  that  France  merited, 
from  our  Government,  a  much  higher  tone  of  remon- 
strance, and  a  mere  decided  opposition. 

In  reviewing  the  avowed  causes  of  the  present  war, 
we  would,  it"  it  were  j)Ossib!e,  pass  over  a  scries  of  trans- 
actions, imperfectly  e:^i)lained,  and  calculated  to  excite 
our  alarm  and  regret,  at  the  hasty  manner,  in  which  it  was 
declared.  But  the  history  of  the  pretended  repeal  of  the 
French  Decrees,  which,  if  our  government  was  sincere, 
w-c  are  bound  to  believe,  was.  the  immediate  cause  of  the 
war,  is  so  well  attested,  and  hiis  been  so  often  discussed, 
and  is,  besides,  so  important  in  this  incjuiry,  that  mere 
motives  of  delicacy  cannot  induce  us  to  pass  it  over, 
without  11  ace. 

If  war  could  be  justified,  against  Great  Britain  ex- 
clusively, it  must  have  been,  u\  the  ground,  assumed  by 
our  government,  tlsat  the  French  decrees  were  actually 
repealed,  on  the  1st  of  November  1810.  The  indiscrim- 
inate plunder  and  destruction  of  our  commerce — the 
capture  of  our  ships,  by  the  cruizcrs  of  France,  and  their 
condemnation,  by  her  courts,  and  by  the  emperor,  in 
'person— his  repeated  and  solemn  declaration,  that  those 
decrees  were  still  in  force,  and  constituted  the  funda- 
mental laws  of  his  empire,  at  a  i)eriod,  long  subsequent 
to  the  pretended  repeal,  seemed  to  furnish  an  answer, 
sufficiently  conclusive,  to  this  question  ;  and  we  cannot 
but  lament,  that  evidence,  so  satisfactory  to  the  rest  of  the 


. 


'  France 
icacioub 

that  ^^  c 
rm  aiKl 
decrees, 
leasures 
iided  to 
just  and 
len  may 
•r  Jers  in 
nerited, 

remoii- 


:nt  war, 
)f  trans- 
D  excite 
;h  it  was 
il  of  the 
sincere, 
e  of  tlio 
icussed, 
at  mere 
it  over, 


tani  ex- 
med  by 
actually 
liscrim- 
:c — the 
nd  tlieir 
leror,  in 
at  diose 
fun  da- 
sequent 
answer, 
I  cannot 
it  of  the 


nation,  sh.ould  have  luid  so  little  weight,  with  that  Con- 
gress, whose  term  of  service  has  lately  expired. 

But  this  important  cpiestion  is  now  definitively  answer- 
ed ;  and  the  A.ncric.n  people  have  learned,  with  aston- 
ishment, the  depUi  of  their  degradation.  The  French 
emperor,  as  if,  for  the  perfect  and  ai^solute  humiliation  of 
our  government,  and  for  the  annunciation  to  the  world, 
that  he  held  us  in  utter  contempt,  reserved,  till  May 
1812,  the  oilicial  declaration  of  the  fact,  that  these  decrees 
were  not  repealed,  until  April,  1811  ;  and  then,  not  in 
consequence  of  his  sense  of  their  injustice,  but  because 
we  had  complied  with  the  condition  he  had  prescribed, 
in  the  letter  of  the  Duke  of  C adore,  in  causing  "our 
rights  to  be  respected,"  by  a  resistance  to  die  British 
orders  ;  and  he  has  since  added,  that  this  decree  of  repeal 
\Vi\s  communicated,  to  our  minister  at  Paris,  as  well  as 
to  his  own  at  Washington,  to  be  made  known  to  our 
Cabinet.  As  the  previous  pledge  of  Great  Britain  gave 
the  ilillest  assurance,  that  she  would  repeal  her  orders,  as 
soon  as  the  decrees,  on  which  they  were  founded,  should 
cease  to  exist ;  and  as  her  subsccpient  conduct  leaves  no 
doubt,  that  she  would  have  been  faithful  to  her  promise, 
we  can  never  too  much  deplore  the  neglect  to  make 
knowu  this  repeal,  whether  it  be  attributable  to  the 
French  government,  or  our  own. 

If  to  the  former  belong  the  guilt  of  this  duplicity  and 
falsehood,  every  motive  of  interest,  and  every  incitement 
of  duty  call  loudly  upon  our  administration,  to  proclaim 
this  disgraceful  imposition,  to  tie  American  people  ;  not 
only,  as  it  would  serve  to  de\  elope  the  true  character 
and  policy  of  France,  but,  to  acquit  our  own  officers  of 
a  suppression,  too  serious  to  be  overlooked,  or  forgiven. 

But  whatever  mav  be  the  true  state  of  this  mysterious 
transaction,  the  promptness,  with  which  G.  Britain  hast- 
ened to  repeal  lier  Orders,  beibre  the  declaration  of  war, 
by  the  Uiiited  States,  w;is  known  to  her,  and  the  restora- 


76 


tion  of  an  immense  amount  of  property,  then  within  her 
power,  can  leave  but  Httle  dou  bt,  that  the  war,  on  our 
part,,  was  premature,  and  still  less,  that  the  perseverance 
in  it,  after  that  repeal  w^as  known,  was  improper,  impolitic ^ 
and  unjust. 

It  was  improper  ;    because  it   manifested,  in  tliis  in- 
stance,  a  distrust  in  the  good  faith  and  disposition  to 
peace,  of  a  nation,  from  which  we  had  just  recci\cd  u 
signal  proof  of  both. 

It  was  impolitic ;  because  it  gave  countenance  to 
the  charge,  of  a  subserviency  to  the  views  of  France, 
and  of  an  ulterior  design  of  co-operating,  with  her,  in  the 
profligate  and  enormous  project  of  subjugating  the  rest 
of  Europe. 

It  was  imjJolitic:  as  it  tended  to  unite  all  descriptions 
of  people,  in  England,  in  favor  of  the  present  w  ar,  and 
to  convince  them,  however  erroneously,  that  mndei  ation 
and  fairness,  on  herpart,  only  laid  the  foundation  of  new 
claims,  and  higher  pretensions,  on  ours. 

It  was  tivjiist ;  because  the  evidence,  afforded  hy  ilw 
prompt  repeal  of  the  Orders  in  Council,  ought  to  have 
satisfied  us,  that  Great  Britain  w  as  sincerely  disposed 
to  maintain  and  preserve  pacific  relaticnis,  with  the  U. 
States  ;  and  all  wars  are  unjust,  the  objects  of  which 
can  be  attained,  by  negotiation. 

It  was  unjust ;  because  tlie  wliole  history  of  our  cl' 
plomatic  intercourse,  with  G.  Britain  shews,  that  wc 
never  induced  her  to  lielieve,  that  we  considered  the  im- 
pressment of  her  own  seamen,  on  board  our  merchant 
ships,  as  a  reasonable  ground  of  war  ;  and  we  had 
never  offeredherthe  alternative  of  war,  or  a  relinquish- 
ment  of  this  practice. 

It  was  unjust ;  because  the  pretensions  and  rlaims, 
on  the  one  side  and  the  other,  although  attended  with 


difficult 
not  da 
Bhe  dis 
was  mai 
— she  ] 
that  des 
our  gov 
such  ofl 
whole  s 
present 
tageous 

It  tea 

all  ther 
plaints 
This  is 
gress  n 
the  pro] 
passed 

No  sti 
a  stron 
the  leg 
wealth, 
tion,  a 
all  the 
better  e 
ings,  ai 
them,  11 
tute  of  ( 
its  pros 
their  \n 
in  their 
united 
nexion. 

WitI 
ery  mo  I 
we  arc 


77 


difficulties,  were  not  irreeoncileable.  G.  Britain  ditl 
not  claim  the  right  to  impress  our  native  seamen. — 
She  disavowed  the  practice,  iu  all  cases,  when  the  fact 
was  made  known  to  her — she  restored,  on  legal  evidence 
— she  had  recently  offered  to  return  all  who  were  of 
that  description,  of  whom  a  list  should  be  furnished,  by 
our  government — and  she  had  many  years  before,  made 
such  offers  of  fair  and  amicable  arrangemeni  of  this 
whole  subject,  as,  to  two  distinguished  membeis  of  our 
j)resent  cabinet,  appeared  ''both  honorable  and  advau 
tagcous." 

It  iras  uujusf ;  because  we  had  not  previously  taken 
all  the  reasonable  steps,  on  our  part,  to  remove  her  com 
plaiuts  of  the  seduction  and  employmentof  h«  r  seamen. 
This  is  made  manifest,  by  the  conduct  of  the  same  Con- 
gress which  declared  the  War,  they  having  admitted 
the  propriety  of  obviating  those  complaints,  l)y  an  act 
passed  su]>sequent  to  the  commencement  of  hostilities. 

No  state  in  the  union  can  have  a  greater  interest,  or  feel 
a  stronger  desire,  to  protect  commerce,  and  maintain 
the  legitimate  rights  of  seamen,  than  this  Common 
wealth.  Owners  of  one  third  of  all  the  naviii;a- 
tion,  and  probalily,  furnishing  nearly  one  half  of 
all  the  native  seamen,  oi'  the  LFuitcd  States,  we  are 
better  enabled  to  appreciate  the  extent  of  their  suffer- 
ings, and  inust  also  be  presumed,  to  sympathise  with 
them,  more  sincerely,  than  the  citizens  of  states,  desti- 
tute of  commerce,  and  whose  sons  are  not  engaged,  in 
its  prosecution  ;  unless  it  be  admitted,  that  the  suil'erers, 
their  parents,  relatives  and  friends,  are  less  interested 
in  their  welfare  and  protection,  than  those  who  are 
iiniied  to  them.  only,  by  the  feeble  ties  of  ])oliticnl  con- 
nevion. 


Witii  nil  the  means  of  information,  furnished  by  cv 
ery  moti^    ()f  dnlv,  and  every  inducement  of  interest, 
we  are  constiaiued  to  say,  that  (his  evil  of  impressment 


lias  been  grossly  exaggeratcil ;  tliat  wc  have  reason  to 
believe,  an  lionest  and  fair  proposal,  as  honestly  and 
fairly  executed,  to  exclude  the  subjects  of  tireyt  Hriiain 
from  our  service,  would  hiive  nuich  more  elVectiuiUy  re- 
lieved our  own  seamen,  and  more  essentially  advanced 
their  interest,  thau  a  resort  t(»  war  ;  that  tlie  true  in- 
terests of  the  United  States  eoiucide  with  tiie  policy, 
adopted,  by  all  other  countries  ;  and  that  we  should  be 
more  independent,  our  seamen  svould  be  better  ])roteet- 
ed,  and  our  country  eventually  more  |)rosperous,  by  le- 
nounciiii^  altos!;ether,  the  preleusion  of  screening,  and 
employing  iJritish  seamen. 

The  doctrinr  of  natural  allegiance  is  too  well  found- 
ed, has  l)een  too  lou^;  established,  and  is  too  consonant 
Avith  thepermane»>.  interest,  the  peace  and  indej)eudence 
of  all  nations,  iv  ue  distin-bed,  for  the  purpose  of  subsli- 
tutin:2;  in  its  place,  certain  visionary  notions,  to  which 
the  French  Revolution  gave  I)irth,and  wliich,  tho'  long 
since  exploded  there,  seem  still  to  have  an  unhappy  in- 
fluence, in  our  country. 

Having;  thus  found  the  avowed  causes  of  the  war, 
and  especially  the  motives  for  a  perseverance  in  it,  so 
wholly  inadequate,  to  justify  theadoption  of  that  policy, 
Ave  have  been  obliged  to  resort  to  other,  and  nnn-e  con- 
cealed motives.  AVe  cannot  however,  Avilhout  the  most 
conclusive  evidence,  ])eiieve,  although  the  measur?s 
and  language  of  some  iiigli  public  functionaries  indicate 
the  fact,  that  ambition,  and  not  Justice,  a  lust  of  con- 
rpiest,  and  not  a  defence  of  endangered  ri;:;]its,  are 
among  tlie  real  causes  of  perseverance,  in  our  present 
hostjiuies. 

Must  v.e  then  add  anolber  example  to  the  catalogue 
of  ]Jej)ublics,  V.  hich  have  bv-en  ruined,  by  a  spirit  of 
loreigo  PcufjuesT, ?  JJave  we  no  regard  to  the  solemn 
professions  we  liave  so  often  repeated,  none  to  the  ex- 


ample, 1 
sible,  ei' 
conques 
such  an 
imprudc 
liberties 

Instanc 
among  u 
must  lia 
election 
anthorit 
if  the  C!' 
interior 
whieii  a 
feared, 
part  of  ( 
have  ex 
jects  of 
minishe 
lion  of 
nei2;hbo 

If  Wf 

States— 
the  dow 
(piest  ai 
gret,  th; 
have  h( 
the  opp 
niminxM 
my  of  fi 
Pilgrim 
should  \ 
other  nil 
forces  ol 
shcMild  ( 
in  whosi 


.     79 

ample,  lion  ♦ .  the  precepts  of  Wasliiiiicton  ?  Is  it  po.- 
siiljle,  either  t)  acquire,  or  to  maintain,  extensive  foieimi 
conquest^  -^  !  !iout  povverlYil  standing  armies  ?  And  did 
such  armies  ever  Ions;  ])ermit  the  people,  who  were  so 
imprudent,  as  to  raise  and  maintain  them,  to  enjoy  their 
liberties  ? 

Instances  of  military  oppression  have  already  occurred, 
amoni!;us ;  and  awatcliful  jieople,  jealous  of  their  rights, 
must  liave  ohserved  some  attemjits  to  control  Iheir 
elections,  and  to  prostrate  tlie  civil,  hefore  the  military 

authority.    If  the  language  of  some  men,high  in  office 

if  the  establishment  of  aChain  of  military  posts,  in  the 
intciior  of  our  country — if  the  extensive  preparations 
uhicii  arc  made  in  quarters,  where  invasion  cannot  1)e 
feared,  and  (lie  total  aliandonmcnt  and  neglect  of  that 
part  of  our  country,Avliere  alone  it  can  lie  apprehended, 
have  excited  our  anxiety  and  alai  j,  as  to  the  real  pro- 
jects of  our  rulers,  these  emotions- have  not  been  di- 
minished, by  the  recent  invasion,  seizure  and  occupa- 
tion of  the  teiiitory  of  a  peaceable,  and  unoffending 
neighl)()r. 

If  war  must  liave  been  the  portion  of  these  United 
States — if  they  were  destined  by  Providence,  to  march 
the  downward  road  to  slavery,'  throngh  foreign  con 
(juest  and  military  usurpation,  your  Remonstrants  re- 
gret, that  such  a  moment,  and  such  an  occasion  should 
have  lieen  chosen,  for  the  experiment— tljal  while 
Ihe  oppressed  nations  of  Europe  are  making  a  mag- 
nanimous and  glorious  eilort,  against  the  common  ene- 
my of  free  States,  we  alone — the  descendants  of  th.e 
rilgrims—sworn  foes  to  civil  and  religions  slavery, 
sliould  vidnntarily  c()-op(M-ate  with  the  oppressor,  to  birid 
oil. or  nations  in  his  chains  :  that,  w  iiile  diverting  the 
iorces  ofoju'ofhis  enemies,  from  the  mighty cimilict, we 
sh(Mild  endanger  the  defenceless  ten  ilories  of  another, 
in  whose  ports  the  (lag  of  our  indepentlence  was  firsi 


i 


80 


j^)Ciiuitte(l  lo  wave,  noAv  struggling  lor  existence,  bfe- 
neath  his  iron  grasp. 

Permit  the  Legislature  of  this  Commonwea]tl>, 
whose  citizens  liave  been  ever  zealous,  in  the  cause  ol* 
freedom,  and  who  contributed  their  utmost  efforts,  for 
ihe  adoption  of  that  constitution,  under  which,in  former 
times,  we  enjoyed  so  much  prosperity,  most  respectful- 
ly, but  earnestly,  to  entreat  and  conjure,  the  constitut- 
ed authorities  of  the  nation,  by  the  regard  due  to  our 
liberiies,  to  our  union,  to  i,ur  civil  compact,  already  in- 
fringed— to  pause  before  it  be  too  late.  Let  the  sober, 
considerate,  and  honorable  Representatives  of  our  sis- 
ter States,  in  which  different  councils  prevj'il,  ask 
themselves, 

Were  not  the  territories  of  the  United  States  suffi- 
ciejitly  extensive,  before  the  annexation  of  Louisiana, 
the  projected  reduction  of  Canada,  and  seizure  of 
West  Florida? 

Had  we  not  millions  upon  millions  of  acres  of  un- 
tuliivatcd  wilderness,  scarcely  explored, by  civilized 
nuiii  ? 

Could  Ihese  accjuisilions  be  held,  as  conquered  pro 
\ luces,  without  powerful  stnndiug  armies?  and  would 
iluy  not,  like  other  infant  colonies,  serve  as  perpetual 
drains,  of  the  blood  and  t'Tasure  of  Ihese  United  States  ? 
Or  is  itseriou^ly  iulended,toadopi,  the  dangerous  project 
of  f<»rming  them  iut(»  new  States,  andadmitling  them 
inlo  the  Union,  williout  the  express  consent  of  everv 
member  of  Ihe  original  c(mfederaey?  M^nild  not  suHi 
a  measure  have  a  direct  tendeu'-y  to  destroy  tli(«  obliga 
lionsof  Ihatcompacl,  by  which  alone  our  union  is  main 
l-'iiued  ?  , 

Already  have  wv  A\ilncssed  the  fornuilion  and    ad 
mission  of  one  Stale, Ijeyond  llie  territorial   Kmits   of 
Ihe  \Jm\vi\  Stales,  jind  Ibis  too,  in  opposition  to  the 


^t 


wishes 
and  int 
and  th 
thereb' 

• 

unexpl 
langua 
«ius  ot 

Aga 
terests, 
her  po! 
Consti 
founde 
of  the  I 
duty  tc 

If  at 
tained, 
only  ])( 
and  tin 
by  a  p 
concesi 
of  the 
perpeti 

T4ie 
tection 
distriln 
posed. 
to  the  1 
others, 
have  o( 
justed, 
our  pr( 
of  Conj 
cious  a 

The 
states, 

4 


81 

wishes  and  efforts,  as  well  as,  in  violation  of  the  rights 
and  interests,  of  some  of  the  parties  to  that  compact — 
and  the  determination  to  continue  that  practice,  and 
thereby,  to  extend  our  Republic,  to  regions  hitherto 
unexplored,  or  peopled  by  inhabitai^ts.  whose  habits, 
hinguage,  religion  and  laws  are  repugnant  to  the  ge- 
nius  of  our  government,  is  openly  avowed. 

Against  apractie,  so  hostile  to  the  rights,  the  in^ 
tcrests,  the  safety  of  this  State,  and  so  destructive  to 
her  political  power ;  so  subversive  of  the  spirit  of  the 
Constitution,  and  tlie  very  principles  upon  which  it  is 
founded  ;  yonr  Remonstrants,  in  the  name  and  behalf 
of  tlie  Commonwet'lth  of  Massachusetts,  feel  it  their 
duty  to  enter  tiieir  most  deliberate  and  solemn  protest. 

If  an  extensive,  confederated  republic  is  to  be  main- 
tained,  and  we  most  fervently  pray  that  it  may,  it  can 
only  be,  by  a  free  communication  of  tlie  grievances  felt, 
and  the  evils  a|)prehended,by  any  of  its  members;  and 
by  a  prnmpt  and  liberal  remedy'  The  same  spirit  of 
concession  which  dictated  the  formation  and  adoption 
of  the  Constitution,  should  be  kept  in  permanent  and 
perpetual  exercise. 

T4ie  blessings  of  government,  its  vigilance,  its  pro- 
tection, its  rewards,  should  be  equally,  and  impartially 
distributed,  and  Its  burdens  hs  eijuaHy,  and  fairly  im- 
posed. No  portion  of  the  union  ought  to  be  sacrificed, 
to  i\\(5  local  interest,  passions,  or  aggrandizement  of 
others.  It  cannot  however,  be  denied,  that  causes 
have  occurred,  to  disturli  the  Imlance,  whicli,  when  ad- 
justed, was  intended  to  ftu'm  the  principal  security  of 
our  present  compact.  But  the  remedy  is  in  the  power 
of  Congress,  and  we  look  to  their  wisdom,  for  its  etfica- 
cious  uud  speedy  applicatiuu. 

The   chief   motive   which    inllu?nced    the    Eastern 
states,  to  abolish  the  old  ciuifederation,  and  tu  burren- 


I 


83 


del'  a  greater  share  of  tlieir  own  •iovereigu  power,  as 
appears  by  the  recent  history  of  those  times,  was  the 
expectation,  that  their  Commerce  would  be  better  pro- 
tected, by  the  national  government. 

The  hardy  people  of  the  North  stood  in  no  need  of 
the  aid  of  the  South,  to  protect  them.  In  their  liberties. 
For  this,  they  could  safely  rely,  as  they  always  had 
done,  on  their  own  valonr.  But  it  was  an  important 
object  with  them,  that  every  aid,  facility  and  encour- 
agement should  be  given  to  tliat  Commerce,  u])on 
which  their  prosperity,  almost  exclusively  depended. 

To  ensnre  tliis  great  object,  a  very  unequal  propor- 
tion of  political  power  was  conceded,  to  the  Houthern 
States.  The  representation  of  Slaves,  was  tlie  price; 
])aid,  by  tlie  Northen  States,  for  the  stipulated  protec- 
tioTi  and  encouragement  of  their  trade,  and  for  an  a- 
greeraent  of  tlie  southern  members  of  the  Union,  that 
the  ptd)lic  burdens  shonld  be  apportioned,  according  to 
representation.  Experience  however,  has  proved,  tliat, 
aKhough  the  contract,  on  our  part,  has  '>een  faithfuUy 
fulfilled,both  these  considerations  have  utterly  failed. 

Indications  of  a  spirit  hostile  to  commerce  were  ear- 
ly visible,  among  some  of  those  who  now  control  the 
destinies  of  our  Repidrlic.  But  the  Fa  (her  of  his 
Country  then  presided,  iu  our  Councils,  and  tliis  spirit 
was  vanquished.  Under  {\\o  injluence  of  (he  ANise, 
and  liberal,  and  magnanimous  system,  adopted  and 
pursued,  by  his  administration,  commerce  was  indeed 
cherished.  extende<l,  and  protecled  ;  and  (he  s(ipula- 
(ions  of  the  constitution  were  fuUilled,  in  .sincerity 
and  gocul  faith. 

Since  that  peritnl  liovv'e\<'r,  (he  sauic  spirit  has 
arisen,  and  has  exhibited  an  unreh'uting  severi(y,  in 
the  exercise  of  its  sway — until,  at  length,  by  a  series 
of  restrictions,  utterly  destructive  of  (Vie  calcula(ions  of 
the  merchaul — by  prohibitioub  and  double  duties. — by 


i 


as 


embargoes  and  non  intercourse — and  lastly,  hy  waVf 
tiie  poor  remains  of  that  Commerce  which  once  cover- 
ed the  ocean  with  its  sails,  have  been  nearly  annihi- 
lated. 

Nor  has  the  other  part  of  the  consideration  been 
better  fulfilled — Taxation  has  never,  exce])t  in  a  sin- 
£;le  instance,  and  that  to  one  hundredth  part  only  of 
the  revenue  raised  under  the  constitution,  been  a])pro. 
tioned,  acco:  ding  to  representation ;  and  with  what  re- 
luctance it  was  then  submitted  to  by  the  Southern 
States,  and  with  what  tardiness  it  was  evCii  partially 
collected,  piddic  records  will  determine. 

Of  the  two  hundred  and  fifteen  millions  of  d(dlars, 
«lerived  by  the  United  States,  under  the  operation  t»f 
the  Federal  Government,  Massachusetts  has  paid  up- 
wards of  forty  millions — an  amount,  beyond  all  jiropor- 
tion  to  her  political  weight  in  the  Union. 

If  therefore,  the  revenues,  derived  fiom  this  Cowiinon- 
%vealth,  and  paid  into  the  national  treasury,  had  bceM  pre- 
served, in  her  own,  she  would  ha\ebeen  fully  competent 
to  her  own  defence,  and  would  not  have  bei.n  obliged  to 
solicit,  "or  expcicnce  the  injustice  of  a  refusal,  of  ihe 
arm  j,  for  which  she  has  lonijj  since  ))aid,  and  vv-hich  v/cre 
\vi  due,  ^ioni  the  p^encral  Government.  What  i>;  jd 
CAXUhv  c,5'-»  be  assigned,  for  this  refusal,  voir  Rcn>f  rants 
are  WiioUy  unable  to  determine.  No  distrtlion  is,  by 
law,  vrsted  in  ixny  officer  of  the  Government,  in  relation 
*.D  this  subject.  Its  provisions  t.re  simple,  p'uun,  and 
pcre.nptory.  Your  Remonstrants  therefore,  cannot  but 
c.\j)re'.'j  their  astonislnnent,  tluit  the  State  uf  Massaehu- 
seit*^  ]>ossessing  a  sea  coas^more  extensive  u'  :■  populous, 
tlia:>  that  of  any  other  Stutf  in  the  Unio'  aiid  a  defence- 
less fror.tier  by  land,  sb  I  !iot  only  b<  entirely  nban- 
doned,  by  the  Govermuv^-.i  whose  duty  ]s  to  protect 
her,  bsit  should  also  ijc  refused  the  arms,  1  )r  her  own 
tii-'fcnee,  to  which  slu-  is,  by  Inv,  rutideti.      They  cannot 


1^' 


8h 


however,  permit  themselves  to  doubt,  that  Congress  will 
forthwith  adopt  such  measures,  as  will  render,  to  this 
Commonwealth,  that  justice  which  the  Executive  De- 
partment has  refused. 

If  die  war,  hi  which  we  have  been  rashly  plunged,  was 
undertaken  to  appease  the  resentment,  or  secure  the  favor 
of  France,  deep  and  liumiliating  must  be  our  disappoint- 
ment. For  although  the  emperor  is  lavish  in  his  pro- 
fessions of  "love  for  the  American  people,"  applauds 
our  ready  self  devotion,  and  declares  "  that  our  com- 
merce and  our  prosperity  are  within  the  scope  of  his 
poUcy,"  yet  no  reparation  has  been  made,  or  offered,  for 
the  many  outrages,  indignities  and  insults  he  has  inflicted 
on  our  government,  nor  for  the  unnumbered  millions, 
of  which  he  has  plundered  our  citizens.  And  when  we 
consider,  the  course  of  policy  pursued,  by  our  Rulers,  in 
their  external  relations,  and  conimercial  restrictions,  from 
the  prohibition  of  our  trade  ^  Domingo,  to  the  de- 
claration of  war  against  C  '  kitain — that  this  course 
oftien  received  his  open  apprv..-ation,  and  was  not  unfre- 
quendv,conformal)le  to  the  system  which  he  himself  had 
adopted — wh  n  we  consider  also,  the  mysterious  secrecy 
which  has  veiled  the  correspondence  of  the  two  govern- 
ments, from  our  view — and  above  all,  wlicn  we  consider, 
that  in  many  instances,  the  most  important  measures  of 
our  govennucnt  have  been  anticipated,  in  Paris,  long  be- 
fore they  were  known  to  the  Americun  People,  we  can- 
not conceal  our  anxiety  and  alarm,  for  the  lionor  and  in- 
dependence of  our  country.  And  we  most  fervently 
pray,  that  the  sacrifices  we  have  already  made,  like  the 
early  concessions  of  Spain,  and  Portugal,  of  Prussia,  and 
Sweden,  may  not  be  the  preludes,  to  new  demands  and 
new  concessions  ;  and  that  we  may  be  preserved,  from 
all  political  connexion,  with  the  common  enemy  of  civil 
liberty. 

To  the  constituted  authorities  of  our  country,  we  have 
t\o\v  slated  our  opinions,  and  made  known  our  complaints. 


Opinior 
plaints  ' 
policy" 
Commc 
has  ann 
perity— 
their  m 
of  ail  in 
ties,  anc 
tutio  li- 
the gen< 
astrous 
control 
country 
ing,  an 
to  thou: 
seamen- 
by  Nev 

Und( 
ernmen 
this  sol< 
gers,  w 
we  owe 
conscie 
the  Sea 
motives 

Far  f 
uiiy  of 
press  01 
cere  da 
repeatc( 
sion  of 
carnestl 
adoptee 
vent  tin 
ing  arn 
I'itories 


S5 


Opinions,  the  result  of  deliberate  reflection,  and  com- 
plaints "wrung  from  us,  by  the  tortures  of  that  cruel 
policy"  which  has  brought  the  good  people  of  this 
Commonwealth,  to  the  verge  of  ruin.  A  policy  which 
has  annihilated  that  commerce,  so  essential  to  their  pros- 
perity— encreased  their  burdens,  while  it  has  diminished 
their  means  of  support — provided  for  the  establishment 
of  ail  immense  standing  army,  dangerous  to  their  liber- 
ties, and  irreconcilable  with  the  genius  of  their  consti- 
tution— destroyed  their  just  and  constitutional  weight,  in 
the  general  government — and,  by  involving  them  in  a  dis- 
astrous war,  has  placed,  in  the  power  of  the  enemy,  the 
control  of  the  Fisheries  ;  a  treasure  of  more  value  to  the 
country,  than  all  the  territories,  for  which  we  are  contend- 
ing, and  which  furnished  the  only  means  of  subsistence, 
to  thousands  of  our  citizens — the  great  nursery  of  our 
seamen — and  the  right  to  which  can  never  be  abandoned, 
by  New  England. 

Under  such  circumstances,  silence  towards  the  gov- 
ernment would  be  treachery,  to  the  people.  In  making 
this  solemn  representation  of  our  sufferings,  and  our  daur 
gcrs,  we  have  been  influenced,  only,  by  the  duty  which 
^vc  owe  to  our  constituents,  and  our  country,  to  our 
consciences,  and  the  memory  of  our  fathers.  And  to 
the  Searcher  of  all  hearts  we  appc^il,  for  the  purity  of  our 
motives,  and  the  sincerity  of  our  declarations. 

Far  from  wishing  to  embarrass  the  administration,  in 
uiiy  it'  their  negotiations  for  peace,  we  cannot  but  ex- 
press our  r"Q;rct,  tliat  they  should  not  have  evinced  a  sin- 
cere dcsuT,  for  this  great  object,by  accepting  some  of  the 
repeated  overtures,  made  by  the  enemy,  ior  the  suspen- 
sion of  hostilities. —  And  permit  us,  in  conclusion,  most 
earnestly  to  request,  that  measures  may  immediately  be 
adopted,  to  stay  tlie  sword  of  the  destroyer,  and  to  pre- 
vent the  further  cflusion  of  human  blood  ;  that  our  invad- 
ing armies  may  be  forthwith  recalled,  within  our  own  ter- 
I'itories ;  and  tliat  every  efibrt  of  our  rulers  may  be  speedily 


i 


i 


86 

directed,  to  the  avtainment  of  a  just  and  honorable  peace ; 
that  mutual  confidence,  and  commercial  prosperity  may 
be  again  restored,  to  our  distracted  and  suffering  coun- 
try ;  and  that  by  an  upright,  and  faithful  administration 
of  our  government,  in  the  true  spirit  of  the  constitution, 
its  blessings  may  be  equally  diffused,  to  every  portion  of 
the  Union. 

In  the  House  of  Representatives^  June  14,  1813. 
Read  and  accepted.    Sent  up  for  concurrence. 

TIMOTHY  BIGELOW,  Speaker. 

In  Senate ,  Jane  15,  1813. 
Read  and  concurred. 

JOHN  PHILLIPS,  President, 


COMMONWEALTH  OF  MASSACHUSETTS. 

IV  THE  HOUSE  OF  REI'RESEN  FATIVES,  JUNE  IC,  5815 

Ordered,  Tliat  the  Hon.  the  Presidenl  of  the  Senate 
and  the  Hon.  the  Speakr  >  of  the  House  of  Represen- 
tatives, be,  and  they  ho  coy  are  recpu'.sted  foithwith 
to  transmit  to  the  Senators  of  this  Commonwealth,  one 
copy  of  the  Remonstrance  of  this  Iiei;islature,  to  the 
Con2;ress  of  the  United  States,  and  one  copy  thereof  to 
the  Representatives  of  this  Commonwealth  in  Con- 
gress, duly  authenticated,  that  Ihe  same  may  he  pre- 
sented to  the  respective  houses  towhieli  they  helons;. 

Scut  up  for  concurrence. 

TIMOTHY  BIG E LOW,  Speak-er. 

IN  SEN.VTE,  JUNE  10,  1813. 

Read  and  conciirred. 

JOHN  PHILLIPS.  y^n.«</Wai^ 


1813.        \ 
cer. 


